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I wondered if any you chaps that Tender for council work have come up against a policy like this one, especially the part which I have highlighted.
It rather Screws the Wee man and gives all the work to the Big man, it puts the large operator in a place where technically they could carry out all the tender work in all four geographic area. and if there is any wee sh*tty job they dont fancy doing after being offered it they will pass it on to us lesser beings at the bottom of the Tendering tree...thats if we even qualify to be on the tree in the first place....It just seems so unfair.
"Operation of Framework Agreement
1. Key facts
• The outcome of this invitation to tender will be a Framework Agreement
• It is envisaged that the Framework Agreement will have multiple providers per Lot. The Council hopes to have a minimum of 3 suppliers per Lot,
• The Framework agreement which results from this tender is expected to run for 3 years from 26th July 2011-30th June 2014, with the option to extend for a further period of 12 months at the sole discretion of Scottish Borders Council.
• It is anticipated that the Framework Agreement will commence 26th July 2011.
• Although it is impossible to accurately predict the level of commissions placed during the lifetime of this Framework Agreement, it is expected that the estimated value will be in the region of £10,000,000. The Authority cannot guarantee any predefined quantity of work for the appointed Contractors to the Framework Agreement.
• Successful suppliers will be Ranked per Lot by their scores on the Evaluation Criteria. When seeking a supplier for a piece of work, the Council will contact the first Ranked Supplier and offer them the piece of work. If the First Ranked Supplier for that Lot cannot undertake the work, the Second Ranked Supplier will be offered the work next and so on until a Ranked Supplier is found who can carry out the piece of work.
• The Framework Agreement will be split into 16 lots as detailed below.
2. Lots
The Tender has been allocated into 16 separate lots. These lots have been grouped according to the nature of the taxi services to be provided and are defined as follows:
Journeys starting within the Peeblesshire area
o Lot 1 4 Seat Vehicles
o Lot 2 5-8 seat vehicles
o Lot 3 9-17 seat vehicles
o Lot 4 Wheelchair Accessible/Adapted vehicles
Journeys starting within the Selkirkshire area
o Lot 5 4 Seat Vehicles
o Lot 6 5-8 seat vehicles
o Lot 7 9-17 seat vehicles
o Lot 8 Wheelchair Accessible/Adapted vehicles
Journeys starting within the Roxburghshire area
o Lot 9 4 Seat Vehicles
o Lot 10 5-8 seat vehicles
o Lot 11 9-17 seat vehicles
o Lot 12 Wheelchair Accessible/Adapted vehicles
Journeys starting within the Berwickshire area
o Lot 13 4 Seat Vehicles
o Lot 14 5-8 seat vehicles
o Lot 15 9-17 seat vehicles
o Lot 16 Wheelchair Accessible/Adapted vehicles
Please note that any supplier can apply for any and all Lots under this Framework.
3 Applying the terms of the Framework Agreement
SBC will rank successful tenderers according to their total score under each Framework Lot. This will allow SBC to appoint a Contractor by directly ordering from the Framework Agreement without competition via a Call Off Contract. This will take place where requirements directly correlate to the Statement of Requirements and that particular Contractor has demonstrated, in being placed on the Framework Agreement, that it provides the most economically advantageous offer for meeting those requirements.
The Call Off Procedures detailed below will apply to this Framework Agreement:
3.1 When an opportunity is identified, Passenger Transport Unit will identify the appropriate Lot by minimum size of vehicle required and geographical starting point of the journey.
3.2 A direct award will be made to the highest ranked Taxi Operator in the appropriate Lot. If the highest ranked Taxi Operator does not have the capability or does not wish to accept the contract, the next ranked Taxi Operator will be considered. Potentially this exercise will work through all Taxi Operator who have been admitted to the appropriate Lot.
3.4 The Council reserves the right in extraordinary or unusual situations to use a mini-competition to award a contract. It is likely that the mini-competition will only be offered to Taxi Operator’s in the appropriate Lot and will focus around price.
3.5 Contact in the first instance is likely to be made by telephone with a follow up email for confirmation. The follow up email will act as a formal offer to the Taxi Operator and will detail the route and pick ups required, Routewise Contract number, the mileage and price for the journey. To accept the contract the Taxi Operator only needs to reply in writing or by email stating their acceptance of the offer.
3.6 The Council reserves the right to carry out financial viability checks on suppliers, depending on the value of the contract offered or if multiple contracts are offered to a supplier.
4 Termination
4.1 SBC may terminate this Framework Agreement by giving 30 days’ written notice to the Contractor (for termination terms and conditions for Contracts awarded under the Framework see Clause 26 on Page 33).
4.2 The termination of this Framework Agreement shall not affect the continuance or validity of any Call-off Contract.
5. Important Points to Note about the function of the Framework:
5.1 Suppliers are required to register the number of vehicles and drivers for the Framework. Once the tender is submitted no change in number of vehicles or drivers will be allowed.
For example, if you are awarded a place on the framework with a registered capacity of 5 cars in the 4 seat category and 5 drivers then your capacity for the entire length of the Framework will be limited to the 5 vehicles and 5 drivers. You will not be allowed to add additional vehicles or drivers to expand your capacity.
5.2 The Council will allow for changes in named drivers on a 1 for 1 basis providing all replacement drivers meet the same minimum standards laid out in the Framework
For example, if one of the 5 named drivers in the example above chooses to retire you will be able to suggest a replacement. Provided the replacement has the appropriate licences and passes their enhanced disclosure check/PVG registration they can replace the retiring driver.
5.3 The Council will allow for changes to the registered vehicles on a 1 for 1 basis within the same Lot, indeed encourages suppliers to invest in keeping their vehicles up to date.
For example, 1 of the vehicles registered under the Framework as a 4 seat vehicle has reached the end of its economic lifespan (too expensive to keep repairing or over 10 years old). A company can replace the vehicle with whatever size vehicle the company wishes to purchase but the vehicle will be counted as a 4 seat vehicle (regardless of actual carrying capacity) for the length of the Framework. However, the minimum Framework registered capacity of the vehicle cannot be lowered. So if you are awarded a place on the Framework for a 9-17 seat vehicle, the Council will expect you to swap the old vehicle for a new vehicle of the same capacity. If you were to swap the 9-17 seat vehicle for a 4 seat vehicle then this would place in jeopardy your place on the 9-17 seat Lot as you can no longer provide a vehicle of that capacity.
5.4 The organisations on the Framework are fixed at Award. There is no opportunity to be added to the Framework later.
For example, if you are not awarded a place on the Framework, you will not be offered work through this Framework. When the Framework is retendered you will, of course, have the opportunity to apply
5.5 The information put in your tender submission is final and cannot be added to.
For example, if your company doesn’t submit details of proposed subcontractors at the tender submission stage, your organisation will NOT be allowed to use subcontractors later.
5.6 If a Contract awarded under the Framework is handed back, the Council will go to the next ranked contractor on the appropriate Lot. The Council will not retender the Framework or Lot.
For example, your organisation has been awarded the top rank in Lot 3. Your organisation has subsequently been awarded a contract to take a child from Gala to Selkirk on school days. You decide that it is not economic to fulfil the contract (or for any other reason) and inform the Council that you will no longer carry out the service. The Council will NOT renegotiate the price with you, we will go to the 2nd ranked organisation in the Lot and offer them the contract at the price they stated in their submission.
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