Guidance Notes To Bidders

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Guidance Notes to Bidders

CIRAS Reporting App

Deadline: 26 October 2022

Reference: 710386633

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1. Tender Documents
1.1 Introduction

1.1.1 CIRAS is a wholly-owned subsidiary of the Rail Safety & Standards Board (RSSB). CIRAS
offer an independent, not-for-profit confidential reporting service to the transport
sector. The ambition is to improve the health, safety and wellbeing of staff and
passengers by giving people a way to speak up about their concerns in confidence, as
well as enabling CIRAS members to learn from the intelligence this provides and from
each other. CIRAS stands for the Confidential Incident Reporting & Analysis Service.

1.1.2 We are seeking tenders from potential bidders to provide the services for the CIRAS
Reporting App (hereinafter referred to as the “Services”). Please refer to the pdf
document “710386633 Appendix A – Schedule of Requirements” for the full
specification.

1.1.3 Your company is hereby invited to provide a tender for these services based on CIRAS’
requirements.

1.1.4 The purpose of the procurement is to identify the Tender which represents, from the
point of view of RSSB, the most economically advantageous solution for the delivery of
the Services.

1.1.4 RSSB intends to award a single Contract to a single entity (hereinafter referred to as
the “Contract”) for a term of 24 months, with the option for 3 additional extensions of
12 months each.

1.1.5 This document sets out CIRAS’ detailed requirements and invites bidders to propose a
solution for meeting these requirements.

1.2 Contents

1.2.1 These guidance notes for Bidders contain:


Contract strategy (Section 2)
(i) An explanation of the ITT process and timescales (Section 3)
(ii) A description of the Tender documents required (Section 4)
(iii) Guidance on how RSSB will evaluate the Tender responses (Section 5)
(iv) A disclaimer (Section 6)

1.2.2 Bidders should note that these guidance notes make reference to the following
additional documents:
(i) Appendix A: Schedule of Requirements
(ii) Appendix B: Pricing Schedule
(iii) Appendix C: Terms and Conditions

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2. Contract strategy
2.1 Overview of requirements

2.1.1 Business Context: CIRAS provides a confidential health and safety reporting service,
enabling staff in our 1900 member companies to raise concerns whilst having their
identity protected. A simplified summary of the service is as follows:
• A reporter contacts CIRAS with a concern via webform, freephone or freepost
• CIRAS raises a case in dynamics CRM to manage the interaction
• CIRAS interviews the reporter to obtain full information about the concern and
information to ensure we can protect their identity
• CIRAS packages up their concern and passes to the relevant company for action
• The company responds to explain what they have done
• CIRAS shares the response with the reporter so they can see the impact they had.
• The is an urgency in making the app available ASAP to increase reporting rates.

2.1.2 Problem statement: Different people will prefer to use different routes for contacting
CIRAS, and we want to make this as easy as possible. We are aware that many of our
member companies have apps for their own internal reporting, and we have been asked
by both member representatives and their frontline staff on numerous occasions about
whether CIRAS is going to have an app. The rationale for an app includes:
• Enabling more people to raise their concerns by providing an additional channel that
works better for some people
• Having an app on a user’s phone/device serves as a reminder the service is there for
them, so they are more likely to use it.
• Current technology expectations of users who already have apps for internal
reporting, particularly the younger generation of reporters who may be more
comfortable with an app than a web interface or phone hotline.

2.1.3 The MVP app is expected to:


• Users to raise a concern through the app as they do using current webform with a mix
of mandatory and optional fields with data validation, and capability for file upload,
adding existing photos or taking new ones directly into the app.
• Users to receive confirmation that concern has been submitted successfully i.e. email
confirmation
• Users to feel confident that their personal data is being handled securely
• Be fully accessible for a wide range of users, and be fully inclusive (for example for
those with limited English or technology competence)
• Mitigate bots and malicious actors using the raise a concern process i.e. effective
captcha
• Include a post-deployment support package

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2.1.4 The above is a summary of the requirements. Please refer to the pdf document
“710386633 Appendix A – Schedule of Requirements” for the full details.

2.2 Desired contract relationship

2.2.1 RSSB will seek a cooperative relationship, based on a clear understanding of respective
roles and responsibilities, as well as the principles of:

(i) transparency and fairness of process;


(ii) disclosure of relevant information and guidance when required;
(iii) identification and pre-emption of delivery risks;
(iv) rapid resolution of issues based on and ‘agile’ and "fix-first, argue later" ethos;
(v) delivery of the approved solution to time/in budget given the very short
timescale; and
(vi) a value-for-money solution.

2.3 Contract terms and conditions

2.3.1 Any Contract arising from this Procurement shall comprise of:

(i) Appendix C: Terms and Conditions;


(ii) Clarifications log;
(iii) Appendix A: Schedule of Requirements
(iv) The response to the award criteria questions as returned to RSSB with the
Tender; and
(v) Appendix B: Pricing Schedule as returned to RSSB with the Tender.

In the event of any conflict between any of the documents, they shall be afforded the
order of precedence shown above.

2.3.2 Any Contract arising from this Procurement shall be subject to English law and the
exclusive jurisdiction of the courts of England.

3 ITT Process
3.3 ITT single point of contact

3.3.1 Your main point of contact is Hazel Fernandes who can be contacted through the
message centre in Delta eSourcing portal. Only in the event that the Delta portal is
unavailable should you use the email address [email protected].
3.3.2 Bidders must not approach any of RSSB’s staff except where expressly permitted by
this ITT.

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3.4 Procurement Timetable

3.2.1 The timetable for this procurement follows. This is intended as a guide and whilst
RSSB does not intend to depart from the timetable, it reserves the right to do so at any
stage.

The expected milestones are set out below:

Table 1: Procurement Timetable

Event Date

Request for proposal issued on Delta eSourcing 7 October 2022

Supplier clarification questions deadline 19 October 2022

Deadline for Submitting tenders 17:00 hrs 26 October 2022

Evaluation and moderation 16 November 2022

Estimated notification of award decision 22 November 2022

Target contract commencement date 29 November 2022

Note: RSSB reserves the right to amend these dates as business requirements demand and will communicate any
changes to Bidder.

3.5 Issue of ITT

3.3.1 It is the responsibility of Bidders to ensure that they have downloaded and read all the
relevant documents. All documents are important and contain information which may
have a considerable bearing on the success of the Tender Response. A list of all
relevant documents is provided at Section 1.2.

3.3.2 Either in response to requests for additional information or clarifications in respect of


this ITT, or in its own right, RSSB may modify the ITT in any respect, by way of
clarification, addition, deletion or otherwise, prior to the deadline for the receipt of
Tenders.

3.3.3 Any alterations, additions or deletions to the Tender documents shall be issued in the
form of supplementary documents, which shall form part of the Contract.

3.4 Confirmation of intention to submit

3.4.1 Suppliers shall inform RSSB of their intention to submit a tender, if applicable, by
confirming this via the Delta eSourcing message centre by the date shown in table 1.

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3.5 Clarification questions

3.5.1 Questions about the Contract requirement, the Contract Terms and Conditions, or
about the content of the ITT must be submitted via the Delta eSourcing message
centre prior to submitting a bid by the Supplier clarification questions deadline shown
in table 1.

3.5.2 RSSB will respond to all reasonable clarifications as soon as possible by issuing a
clarifications log, which will be transmitted to all Bidders, listing Bidders' questions and
RSSB.’s response to them. If a Bidder wishes RSSB to treat a clarification as
confidential and not issue the response to all Bidders, it must state this when
submitting the clarification. If, in the opinion of RSSB, the clarification is not
confidential, RSSB will inform the Bidder, and the Bidder shall have an opportunity to
withdraw the query. If the query is not withdrawn, the response will be issued to all
Bidders.

3.6 Tender submission

3.6.1 All tender response documents must be submitted via the Delta eSourcing
Portal, (https://www.delta-esourcing.com/) and must be received no later than
the time and date set out in the Procurement Timetable (Table 1).

3.7 Additional information

3.7.1 RSSB reserves the right to seek further information or evidence for the purposes of
confirming or clarifying any aspect of the content of a Tender.

3.7.2 RSSB reserves the right, at its sole discretion, to request a Parent Company Guarantee
and/or some other financial or performance guarantee.

4 Structure of compliant Tender


4.1 Bidders must answer all applicable questions.

4.2 The Technical response must contain no reference to prices or any other information
of a commercial nature.

4.3 Certain questions require supporting documents to be uploaded. For each and every
document so requested:
(i) it must be supplied;
(ii) it must be in English;
(iii) it must be named as directed by this ITT;
(iv) it must be in a Word or PDF format (Appendix B, cost, as an Excel spreadsheet)

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4.4 Only documents requested by this ITT must be provided with the Tender. Tenders
which contain unsolicited materials (for example sales brochures or other marketing
materials) may be disqualified.

4.5 The documents as enclosed are to be accepted in their entirety. If any alteration is
made or these instructions are not fully complied with the tender may be invalidated.

4.6 The Bidder shall be deemed to have satisfied itself as to the nature, extent and the
content of the goods, services or works to be provided, the extent of staff required
and all other matters, which may affect the tender.

4.7 It is the Bidder’s responsibility to ensure the tender is correct at the time of
submission. No amendment to the tender will be allowed after the due date.

5. Evaluation Process
In evaluating tenders, the most economically advantageous tender will be sought. This
will be done using the evaluation criteria and weightings detailed in tables 2-4.

The evaluation criteria detail the minimum requirements. Therefore, any tender which
cannot demonstrate that it meets any of the minimum requirements will not be
marked and will automatically score zero.

Bidders are advised to carefully consider the attached requirements, ask clarification
questions to ensure these are understood.

5.1 Phase 1 – Initial compliance check

5.1.1 Each Tender shall first be reviewed to ensure that it has been submitted on time and
meets RSSB’s submission requirements. Tenders may be disqualified if:
(i) the submission is not submitted by the deadline;
(ii) there are any conflicts of interest that have not been sufficiently mitigated; or
(iii) the form of tender section is not accepted

5.1.2 Only Tenders which have not been disqualified shall progress to Evaluation Phase 2 –
Evaluation of Selection Criteria

5.2 Phase 2 – Evaluation of Selection Criteria

5.2.1 The Bidder shall provide responses to all questions in table 2.

5.2.2 The RSSB will evaluate each of the suitability questions in table 2 as either “Pass” or
“Fail” and reserves the right to disqualify forthwith any Tenders which score “Fail”
against any of the questions

5.2.3 Tenders may also be disqualified if any relevant questions are not answered.

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5.2.4 Only Tenders which have not been disqualified shall progress to Evaluation Phase 3 –
Evaluation of Award Criteria

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Table 2 – Selection Questions & Criteria

Responses will only be evaluated within the stated length limit, any response exceeding the stated limit will be disregarded beyond that limit.

Selection criteria Detail Evaluation Criteria

S1 Experience The Bidder should provide a short description of 2 example case Pass: Demonstrated ability to successfully deliver
studies or contracts completed within the last 3 years, of a similar against the Client’s brief.
requirement to CIRAS.
Fail: Does not demonstrate ability to successfully
Demonstrate where you have successfully carried out similar deliver against the Client’s brief or unable to provide 2
projects for comparable to CIRAS’ requirement. example case studies.
Responses should include Client requirements briefs, Success points,
problem areas experienced and lessons learnt.
To be submitted in Word format using filename:
710386633_YourSupplierName_S1
Max response length: 4 A4 pages. Any drawings or further
information to added as appendices.

S2 Security Policy The Bidder to provide a copy of their Security Policy and other Pass: Security policy provided.
and other relevant documentation to demonstrate technical and
Fail: Security policy not provided.
relevant organisational measures that are place within your organisation to
documentation ensure security and business continuity / disaster recovery.
To be submitted in Word format using filename:
710386633_YourSupplierName_S2

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S3 Modern 3.1 Are you a relevant commercial organisation as defined by section Pass: You have answered YES to 3.1 and NO to 3.2
Slavery 54 ("Transparency in supply chains etc.") of the Modern Slavery Act and have included evidence of ‘self-cleaning’ which is
2015 ("the Act")? YES/NO acceptable to RSSB against the relevant ground for
exclusion to which you have answered ‘NO’.
3.1 If you have answered yes to question 3.1 are you compliant with
the annual reporting requirements contained within Section 54 of Fail: You have answered Yes to 3.1 and NO to 3.2 and
the Act 2015? YES/NO/NOT APPLICABLE failed to provide evidence of ‘self-cleaning’, which is
acceptable to RSSB, against the relevant ground for
If applicable, please submit your response in Word format using
exclusion to which you have answered NO.
filename: 710386633_YourSupplierName_S3
Max response length: 1 A4 page

S4 Insurance Please confirm whether you meet RSSB’s minimum insurance Pass: You have answered 'Yes' and provided
requirements. confirmation of self-certification
Employer’s (Compulsory) Liability Insurance = £5M Fail: You have answered 'No' and not provided
Public Liability Insurance = £1M confirmation of self-certification
Professional Indemnity Insurance = £1M
Please provide your evidence of self-certification as an attachment
using the filename: 710386633_YourSupplierName_S4
Max response length: 3 A4 pages

S5 GDPR Policies Please confirm whether you have policies and procedures in place to Pass: You have answered “Yes” and provided
comply with your obligations under GDPR .e.g. having a record of evidence.
processing activities in accordance with article 30(2) of the GDPR.
Fail: You have answered “No” or have failed to
Please provide your evidence as an attachment using the filename:
provide evidence.
710386633_YourSupplierName_S5

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S6 Data Please confirm if you are registered with the ICO and the details of Pass: You have answered “Yes” and provided
Protection your Data Protection Officer. Please include ICO registration evidence.
number.
Fail: You have answered “No” or have failed to
provide the ICO registration number.

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5.3 Phase 3 – Evaluation of Award Criteria

5.3.1 The Bidder shall provide responses to all questions in table 4


5.3.2 An evaluation panel consisting of representatives of key stakeholders within RSSB
will evaluate the Bidder’s responses to the Weighted Award Questions (set out in
table 4) out of a maximum of five (5) using the methodology set out in table 3. The
Evaluation Panel will not be allowed to give partial scores (for example 2.5);
however, once all scores are aggregated, the technical scores will be rounded to
two decimal places. The procurement team will only act as moderator during the
assessment phases of the evaluation.
5.3.3 Each question is weighted to show the relative importance significance of the
criteria specific areas for assessment. Bidders should ensure that their responses
give the RSSB confidence that each aspect of the Schedule of Requirements has
been met.
5.3.4 Award response scores shall account for 60% of the final score

5.3.5 Bidders may be disqualified if a grade of zero (0) in any of the evaluated technical
questions before the weightings are applied.

5.3.6 Only Tenders which have not been disqualified shall progress to Evaluation Phase 4
–Evaluation of Commercial Criteria

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Table 3 – Scoring Methodology

Score Definition of score


5 A wholly excellent Tender Response that (where applicable):
• Addresses all aspects of the question in an informed and comprehensive
manner;
• Demonstrates a thorough understanding of what is being asked for;
• Provides evidence of how that understanding can be applied in practice;
• Offers full confidence that the Bidder will deliver the service in full;
• Addresses the majority of areas of doubt and uncertainty; and
• Provides certain, unambiguous commitments or statements of intent that permit
reliance through translation into contractual terms
4 A good Tender Response that (where applicable):
• Addresses all aspects of the question and is generally of a good standard;
• Demonstrates a good understanding of what is being asked for;
• Provides a worked-up methodical approach;
• Offers confidence that the Bidder will deliver the service in full with limited areas
of doubt or uncertainty;
• Addresses key areas of doubt and uncertainty; and
• Provides commitments that can be translated well into contractual terms
3 A satisfactory Tender Response that (where applicable):
• Addresses the majority of the question and is generally of a good standard but
lacks substance or detail in some areas;
• Demonstrates an understanding of what is being asked for;
• Provides a satisfactory approach;
• Offers a general level of confidence that the Bidder will deliver the service (but
with room for doubt in some areas);
• Address some areas of doubt and uncertainty; and
• Provides some commitments that can be translated well into contractual terms.
2 A Tender Response that (where applicable):
• Addresses some of the question but either lacks relevant information and detail
or lacks substance in a manner that would suggest the response is a “model
answer”;
• Demonstrates some understanding but with a lack of clarity in key areas;
• Provides an approach which is not wholly appropriate or viable or lacks evidence;
• Shows that the level of confidence that the supplier can deliver does not
outweigh the doubt;
• Does not address many areas of doubt and uncertainty; and

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• Does not offer sufficient commitment (with doubt as to the extent to which
would translate into contractual terms)

1 A generally unsatisfactory Bidder response that (where applicable):


• Does not address the question or has omissions;
• Lacks understanding in significant areas:
• Provides an approach which has gaps or creates concerns;
• Shows that the level of confidence that the supplier can deliver is low;
• Creates uncertainty; and
• Displays significant lack of commitment (with doubt as to the extent to which
would translate into contractual terms)
0 A wholly unsatisfactory Bidder response that (where applicable):
• Provides no response or omissions/oversights that prevent scoring;
• Refuses to deliver the requirement; and
• Creates concerns so significant that the response would be detrimental to the
interests of RSSB

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Table 4 – Weighted Award Questions

Responses will only be evaluated within the stated length limit, any response exceeding the stated limit will be disregarded beyond that limit.

Award criteria Detail Evaluation Criteria Weighting

W1 Summary of The tenderer must provide a concise summary The tenderer has provided a clear high-level summary 0% (For
proposal highlighting the key aspects of the proposal, this for their proposal to contextualise the response. information
will be used to contextualise the tenderer’s only)
response.
To be submitted in Word format using filename:
710386633_YourSupplierName_W1
Max response length: 1 A4 page.

W2 Technology Provide a technical overview of how the mobile The tenderer has provided a clear high-level summary 20%
Summary app will be developed to utilise the current for their proposal to contextualise the response,
website form without additional development including relevant technology information,
within RSSB’s front-end and back-end opportunities, and constraints.
technology.
The tenderer has explained how their proposed
Explain the capacity for the solution to support solution for the MVP can also support the future
our future developments beyond MVP. requirements outlined in the requirements document
(Page 7).
To be submitted in Word format using filename:
710386633_YourSupplierName_W2;
Max response length: 2 A4 pages.

W3 MoSCoW RSSB have used the widely accepted principles Tenders will be evaluated on whether ALL “must 10
Requirements of MoSCoW to define the priority of delivery for have” requirements are met. Responses for All ‘Must
requirements. Please complete and submit Have’ requirements are between options A to E. For
710386633 Annex A CIRAS Reporting App - the avoidance to doubt Option E for any one of the
Business Requirements ‘Must Have’ requirements is considered a fail.
Please explain – at a high level – how the There is a strong preference for “Out of the Box”
proposed solution will meet the requirements functionality but if necessary minimal delivery by
(Column G) customisation / development of some kind is
In addition: acceptable. Explanations of customisation should be
short and concise but deal with all salient points.
Please complete the “Solution functionality”
column F. You should use the drop down box to Tenders will be evaluated and scored on whether
select your response. Only these responses are each of the requirements are met:
accepted. If the response indicates that
customisation is required, you must provide 1 = Adequate
your explanation in Column G 2 = Good
3 = Excellent
To be submitted in Excel format using filename:
710386633_YourSupplierName_W3_AnnexA

W4 Supplier’s expertise Please provide details of the key personnel The tenderer’s response demonstrates: 5%
in subject area (providing one-page CVs for key project
• An appropriate resourcing of the project team
members within an appendix) who will deliver
both in size and skills which gives CIRAS full
the project, including, as a minimum:
confidence in the ability of the team to ensure
• What role each person will be delivering successful delivery
• The technical competence of the team • Their evidence of technical competence in
in mobile app development; identifying mobile app development; and how they will
how their skills and experience will apply their knowledge, expertise and technical
successfully deliver the objectives of this competence to deliver the objectives of this
work project.
To be submitted in Word format using filename:
710386633_YourSupplierName_W4
Max response length: 2 A4 pages. CVs for key
project members to be added as appendices.

W5 Robust The tenderer provides a method statement of The tenderer’s response demonstrates: 25%
methodology and how it is intended to deliver against all MVP
• Their understanding of the objectives and
ability to apply it to the requirements of this work. This should include:
provides a coherent and systematic approach to
client’s needs
• Understanding of the requirements meeting all of the MVP requirements.
• The approach • A credible methodology to deliver all of the MVP
requirements

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To be submitted in Word format using filename:
710386633_YourSupplierName_W5
Max response length: 4 A4 pages.

W6 RSSB’s resource Tenderer to submit a full estimation of the The tenderer’s response demonstrates: 5%
required to deliver the amount and level of RSSB resource that they will
• The tenderer has provided a full estimation of the
Services require in order to deliver the services. This is to
amount of RSSB resource against the various
be broken down into the various project
project activities
activities and the type of RSSB resource
required. • RSSB’s confidence in the Tenderer ability to
deliver with reasonable input from RSSB.
To be submitted in Word and Gantt chart format
using filename:
710386633_YourSupplierName_W6;
Max response length: 2 A4 pages.

W7 Project Tenderer should outline the plan to fulfil RSSB The tenderer’s response shows that it: 10%
management: quality requirements. Tenderers should:
and time
• Provide a robust schedule to • Has provided a credible plan for delivering
successfully deliver to time and quality successful outcomes to time and quality
• Identify how they would work with RSSB • Has identified appropriate ways to engage with
and engage with relevant stakeholders RSSB and relevant stakeholders
• Ensure that the quality and content of • Has identified how the quality and content of
the deliverables are fit for purpose. deliverables shall be fit for purpose.
To be submitted in Word and Gantt chart format
using filename:
710386633_YourSupplierName_W7
Max response length: 2 A4 pages.

W8 Risk and Tenderers should detail what risks and The tenderer’s response: 10%
mitigations opportunities are foreseen in the delivery of the
• Identifies appropriate risks and opportunities
project. The tenderer should detail mitigating
through the use of a risk register; and identifies
actions in relation to these risks, and how
what impact these may have on the delivery of
opportunities can be maximised.
the project
To be submitted in Word format using filename:
• Identifies effective mitigation actions will be
710386633_YourSupplierName_W8;
taken with specific regard to each risk or
Max response length: 2 A4 pages. challenge identified; and identifies what impact
these may have on the delivery of the project
• Identifies approaches to maximising any
opportunities through effective management

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5.4 Phase 4 – Evaluation of Commercial Criteria

5.5.1 The Bidder shall complete and submit 710386633 Appendix B: Pricing Schedule
5.5.2 The Bidder’s price shall be inclusive of all costs and expenses for the project
(including post project maintenance and support packages aligned to availability,
patching, and future development) requested in this ITT must be provided and all
assumptions must be clearly stated.
5.5.3 All prices quoted shall be in sterling (unless otherwise requested in the Tender
Documents), exclusive of Value Added Tax and shall be firm.
5.5.4 The commercial evaluation will be carried out by establishing the assessed price of
each submission making any adjustments necessary to ensure the tendered price
are treated on an equal basis. The tendered price shall be taken from each
completed Pricing Schedule as per Appendix B to this ITT.
5.5.5 The Tender which achieves the lowest acceptable assessed price will be awarded
full available marks for commercial response, with all other tenders being base-
lined to this and awarded proportionate scores. The rationale to be applied will be:

Commercial Evaluation Method Weighting


Element

Total Cost of Score = Lowest Tender Price x Available Marks (15%) 15%
Ownership - project
Tender Price
and post project
support

5.5.6 Tenders with abnormally low prices may be rejected by RSSB. Any Tender with a
contract price that is 25% below the average of all the contract prices excluding
the highest assessed price will be deemed suspiciously low. Suspiciously low
prices will be considered further by RSSB before a decision is taken as to whether
the price is abnormally low.

5.5.7 The commercial response scores shall account for 15% of the final score.

5.5.8 Please provide a suitable payment schedule based on deliverables. Payments


shall only be issued following satisfactory delivery and written sign off by RSSB
Project Manager of each Milestone.

5.6 Phase 5 – Most Economically Advantageous Tender

5.6.1 The Contract will be awarded to the Bidder who has submitted the most
economically advantageous proposal as evaluated by RSSB.

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5.6.2 For each Tender RSSB will combine the Total Commercial Score (maximum possible
score 15) with the Total Technical Score (maximum possible score 85) to calculate
the Tender’s Overall Score (maximum possible score 100).

5.6.3 The most economically advantageous Tender will be the one which achieves the
highest Overall Score.

6. Disclaimer
6.1 No information contained in this ITT, or in any communication made between RSSB
and any Bidder in connection with this ITT, shall be relied upon as constituting a
contract, agreement or representation that any contract will necessarily be offered.

6.2 Bidders must place no reliance on communications from RSSB in respect of the
Services or this ITT except when made in accordance with this ITT. Bidders are
solely responsible for obtaining the information that they consider is necessary in
order to prepare the content of their tender and to undertake any investigations
they consider necessary in order to verify any information RSSB provides during the
procurement process.

6.3 RSSB reserves the right, to change without notice the basis of, or the procedures
for, the competitive tendering process or to terminate the process at any time.

6.4 Bidders must obtain for themselves, at their own responsibility and expense, all
information necessary for the preparation of their tender. Bidders are solely
responsible for any costs and expenses in connection with the preparation and
submission of their Tender, and all other stages of the selection and evaluation
process. Under no circumstances will RSSB, or its advisors, be liable for any costs or
expenses Bidders, their sub-contractors, suppliers or advisors incur in this process,
including if this tendering process is terminated or amended by RSSB.

6.5 A Bidder may be disqualified at any stage if:

(i) Bidder is guilty of material misrepresentation in relation to its application


and/or the process;
(ii) Bidder contravenes any of the terms and conditions of this ITT;
(iii) A change in identity, control, financial standing, previous bid position or
other factor impacting on the selection and/or evaluation process affecting
the Bidder; and
(iv) The Bidder will be excluded should any of the grounds for mandatory
rejection or discretionary rejection be triggered. Mandatory requirements
can be viewed at
https://www.gov.uk/government/uploads/system/uploads/attachment_data
/file/551130/List_of_Mandatory_and_Discretionary_Exclusions.pdf

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(v) Bidder is assessed to have a high risk of insolvency over the lifetime of the
contract; e.g. the Bidder may be excluded if its current assets to current
liabilities ratio is less than 1; or
(vi) Bidder is assessed to have a high risk of insufficient financial capacity to
deliver the services effectively

6.6 The disqualification of a Bidder will not prejudice any other civil remedy available to
RSSB and will not prejudice any criminal liability that such conduct by a Bidder may
attract.

6.7 RSSB reserves the right to terminate any contract arising out of this procurement at
any time if RSSB becomes aware that information provided within the Tender was
misleading.

6.8 This ITT and all information supplied by RSSB in connection with this ITT shall be
treated as confidential by the Bidder (except that such information may be
disclosed subject to obligations of confidentiality corresponding to those which
bind the potential provider and only so far as is necessary for the purpose of
obtaining sureties, guarantees, Tenders and professional advice necessary for the
preparation and submission of a Tender).

6.9 All materials, specifications and data supplied by RSSB to the potential providers
shall, at all times, be and remain the exclusive property of RSSB, but shall be held by
the potential provider in safe custody. They shall not be used other than for the
preparation and submission of a Tender or in accordance with RSSB’s written
instructions or authorisation. RSSB reserves the right to require Bidders to sign a
separate confidentiality agreement.

6.10 Direct or indirect canvassing of any members, employees, directors, board


members, agents and advisers of RSSB and any of its subsidiaries by any person
concerning the Contract may result in the disqualification of the person and/or the
relevant organisation from consideration for the Agreement.

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