Minimum standards and qualification required
4.1 Instruction to tenderers
Tenders must be submitted in accordance with the following instructions. Tenders not complying with these instructions in any particular may be rejected.
The tender document must be treated as private and confidential. Tenderers should not
disclose the fact that they have been invited to tender or release details of the tender
document other than on an "In Confidence" basis to those who have a legitimate need to
know or whom they need to consult for the purpose of preparing the tender.
Tenderers shall not at any time release information concerning the invitation to tender
and/or the tender documents for publication in the press or on radio, television, screen or
any other medium.
The successful tenderer will be appointed Principal Designer for the Works. Tenderers shall allow in their rates and prices for the cost of carrying out the duties of the Principal Designer and for complying with the CDM Regulations.
The tenderer must familiarise themselves with the available information provided and on the Powys planning portal, application ref : P/2017/0573.
Available Information:
1. HLF Project Plan;
2. The approved site location plan;
3. Drawings as existing and proposed;
4. Bat Report;
5. Bat Addendum;
6. Lighting & Landscaping Plan;
7. Planning Approval with Conditions;
8. Estimated Build Costs;
9. Land Contamination Report; and
10. Level 2 Heritage Building Record.
These are available to download from the following link: https://www.dropbox.com/sh/mn0f08ammyfrbdj/AADTt8YHoNEVentfkNkqbguqa?dl=0 or by emailing charlotte@elanvalleytrust.org
Tenderers should note that the Contract will not include a Contract Price Fluctuations Clause.
Any queries arising from the tender documents which may have a bearing on the offer to be
made should be raised with the Assistant Land Agent as soon as possible (preferably in writing) and in any case not later than 14 days before the date for the return of tenders.
Tenderers are reminded of the provisions for compliance with relevant Health and Safety
Legislation and Regulations.
Please note that the Elan Valley Trust reserves the right to invite tenderers to an interview to discuss the contents of a tender.
4.2 Content required
Your tender return should be no more than twelve sides of A4, including appendices and insurance certificates. This means you will have to be concise and focus on giving us the information that is directly relevant to our requirements below and the ‘Tender Evaluation' (see 4.3).
Your tender should include:
Name of tendering organisation.
Name of lead individual if different.
Contact details.
Name, position(s), details of relevant experience and expertise held by the lead individual. In particular please include information regarding projects you/they have delivered of similar scale and value, this can be by means of a C.V.
A brief statement detailing your understanding and interpretation of the purpose, context, specific objectives and scope of this work.
Statement of technical competency including references (details in 4.3).
Outline Method Statement (details in 4.3)
A statement about the quality control measures you will use.
Insurance cover as set out in 4.3.1.
A proposed plan of work with timeframe and an explanation as to how costs will be divided over the aspects of the project and demonstrate value for money.
Price exclusive of VAT – including breakdown of day-rates.
Legal status of the organisation/business, VAT registration status.
Along with your original material please ensure you have completed and include copies of the following:
Tender submission form.
Collusive Tendering: Certificate and Undertaking by Contractor.
Found in the appendix section of this brief.
4.3 Tender evaluation
The Elan Valley Trust does not bind itself to accept the lowest or any tender. It is the Trust’s
policy to make every effort to reach a decision on the award of any contract within 60 days of
the closing date for submission of tenders. The tender must therefore remain open for acceptance for a minimum of 60 days from the tender return date.
It is important that tender submissions reflect quality across the whole job and appreciate that quality is not just about the physical build of the project but includes the heritage of the premises and location. Elan Valley Trust requires consistency and the ability of the contractor to co-ordinate and manage all elements of the work.
Tenders will be evaluated on the following model: 60% price and 40% quality. The
quality element is broadly broken down as follows:
• ability to meet contract specification (details of offer and plan including finances) 25%;
• relevant experience (references/examples of work) 15%;
The following points must be included in any tender received. Missing information may result in the disqualification of the tender.
4.3.1 Quality and experience
Contractors should be aware that the Elan Valley Trust requires detailed information in order to assess competence. Each submission will be awarded points against the following criteria. These will be set within a scoring matrix - which produces a final score set against the maximum score possible.
To ensure the right information is received, please provide the following information as part of the tender response:
Commercial security
• How long have you/your firm been established?
Experience / technical
• Provide two separate references where you have carried out work of a similar nature in the last 24 months. We require names, telephone numbers, a brief description of the work and the value of each contract. The Elan Valley Trust is looking for a track record of project completion and returning for remedial work. An actual reference from the client is not required at this time.
• Give examples (nature and size) of any other relevant contracts completed in the last 12 months.
• Provide details of any contract where you have undertaken work of similar complexity.
Resources
Provide an Outline Method Statement which describes and must contain all of the following information:
• Team size, structure, list & names of personnel, length of service and skills.
• Details of any training and your ability to implement safe working practice.
Safety and insurance
Elan Valley Trust would expect appropriate company insurance that covered public liability, employee liability and professional indemnity insurance with a guide figure of £5M cover. The following insurance Certificates will need to be appended to the tender submitted:
• Employers Liability Insurance Policy
• Public Liability Insurance Policy
A copy of your health and safety policy must be available upon request.
4.3.2 Specific Questions
In addition to the quality information outlined above, the tender must include detailed responses to the following questions:
Timeline for works
Provide a detailed timeline for your work plan, based on the RIBA Plan of Work, setting out your own milestones for completion of sections of work. Include your proposed start and finish dates.
Sensitivities approach
Provide your approach to ensuring that the ecological, access and land management of the site will be communicated, understood and respected by all site staff and subsequent contractors appointed.
4.3.3 Pricing Schedule
• Please provide a breakdown of the pricing schedule
• Please provide the total cost of delivering the contract
It is expected that tenderers will either provide a fixed fee quotation, or a percentage of the build contract for which we appended an estimate. Where the percentage approach is used tenderers must include a cap for the total quotation.
Your tender should include all anticipated Local Authority and other similar fees and charges for statutory approvals, and include any input from other specialist consultants that it may be necessary to engage. These components should be made clear in your pricing schedule.
Tenderers must outline their current billing arrangements and standard payment terms based on the project brief.
4.4 Right to cancel or vary the tender
Elan Valley Trust reserves the right:
i. to amend, clarify, add to or withdraw all or any part of the Tender Invitation at any time during the process;
ii. to vary any timetable or deadlines set out in the Tender Invitation;
iii. not to conclude a contract for some or all of the goods and/or services (as applicable) for which Tenders are invited; and
iv. to cancel all or part of the Tender Invitation at any stage at any time.
The Potential Provider accepts and acknowledges that by issuing the Tender document, Elan Valley Trust is not bound to accept a Tender or obliged to conclude a contract with the Potential Provider at all.
4.5 Contract awarding
The Potential Provider that achieves the highest total score will be awarded the Contract.
If two or more Potential Providers obtain the highest total score, the Potential Provider with the highest score for the price element will be deemed the winner and awarded the Contract.
If Elan Valley Trust receives only one Tender in relation to this brief, the Potential Provider will be awarded the Contract provided that they meet the minimum criteria.
4.6 Contract Termination
4.6.1 Contract Break Clause
At the end of RIBA Stage 4 the Elan Valley Trust reserve the right to terminate the contract on written notice if, in the reasonable opinion of Elan Valley Trust, the Potential Provider has not performed the Services to Elan Valley Trust’s reasonable satisfaction.
4.6.2 Termination of contract by contractor
If you decide that you are unable to meet your obligations under this Contract you must immediately write to us and explain the reasons giving us at least one months’ notice of your intent to do so. Termination is subject to the agreement of the Elan Valley Trust and the necessary conditions below being satisfied:
• Handover of all project work and adequate progress notes;
• Due financial consideration in settlement for the work completed, in accordance with the pricing schedule, and any penalty deemed necessary for early termination.
4.6.3 Termination of contract by Elan Valley Trust
Any of the following conditions is a material breach which will automatically and immediately enable us to terminate this Contract:
a) you commit any gross misconduct affecting the business of Elan Valley Trust, Elan Links or any of the Scheme Partners;
b) you commit any serious or repeated breach or non-observance of any of the provisions of this agreement or refuse or neglect to comply with any reasonable and lawful directions of Elan Valley Trust;
c) you are convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed);
d) you are in the reasonable opinion of Elan Valley Trust negligent or incompetent in the performance of the Services;
e) you are declared bankrupt or make any arrangement with or for the benefit of your creditors or have a county court administration order made against him under the County Court Act 1984;
f) you are incapacitated (including by reason of illness or accident) from providing the Services for an aggregate period of 5 days in any [3-week] consecutive period;
g) commits any fraud or dishonesty or acts in any manner which in the opinion of Elan Valley Trust, Elan Links or any of the Scheme Partners brings or is likely to bring Elan Valley Trust, Elan Links or any of the Scheme Partners into disrepute or is materially adverse to the interests of Elan Valley Trust, Elan Links or any of the Scheme Partners;
h) commits any breach of any of Elan Valley Trust, Elan Links or any of the Scheme Partners relevant policies and procedures; or
i) commits any offence under the Bribery Act 2010.
j) you assign any of your obligations under this Contract without our prior written consent;
k) you sell or transfer your business to any other organisation or organisations without informing us first; or
l) you cease to trade for any reason.
Should the Contract been terminated in any of the above manners the Elan Valley Trust reserves the right to charge financial consideration for the early termination and/or costs incurred in the processes deemed necessary to end the contract including legal costs.
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