How to do business with Wiltshire Council

How to do business with
Wiltshire Council
A guide for local small and medium size businesses
including voluntary and community sector
organisations
June 2013
Page 1
Index
1. Introduction................................................................................................. 3
2. General supplier information requirements ................................................ 4
3. Support for local suppliers .......................................................................... 5
4. Providing quotations ................................................................................... 7
5. Request for Quote (RFQ) electronic systems ............................................. 7
6. The tender process (£100,000 plus)........................................................... 7
Ten steps to tendering................................................................ 7
7. Pre-Qualification-Questionnaires................................................................ 9
8. Tender documents ..................................................................................... 9
9. Doing business electronically ................................................................... 10
10. Dos and Don’ts ....................................................................................... 10
11. Feedback ............................................................................................... 11
12. Further information ................................................................................. 11
13. Glossary ................................................................................................. 12
Contract.................................................................................... 12
E-procurement ......................................................................... 12
European Procurement Directives ........................................... 12
EU – European Union .............................................................. 12
Invitation to Tender .................................................................. 12
Pre-Qualification-Questionnaire ............................................... 13
Pro-contract.............................................................................. 13
Procurement............................................................................. 13
Request for quotation ............................................................... 13
Small or Medium Sized Enterprise –SME ................................ 13
Specification ............................................................................. 13
Supplyingthesouthwest ............................................................ 13
Tendering ................................................................................. 14
Voluntary and Community Organisation VCO .......................... 14
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1. Introduction
Wiltshire Council provides a wide range of services to a community of
600,000 people within the county of Wiltshire. This means that there is a
considerable demand for the supply of goods, services and works. This
guide is designed to help local Small and Medium sized Enterprises
(businesses), as well as Voluntary and Community sector Organisations
(SMEs/VCOs) understand how Wiltshire Council makes procurement
decisions and aims to support the participation of SMEs/VCOs in
appropriate buying and procurement activities.
SMEs and VCOs can play an important role in helping deliver services to
the local community by offering goods, services and works at better value
for money than their larger competitors through:
Innovation
• Small businesses can bring innovation through, for example:
the early exploitation of new technology, providing products or
services in new or underdeveloped markets, or by using
innovation to differentiate themselves from established market
players.
Responsiveness
• Shorter approval routes, quicker responses to changing
requirements.
Flexibility
• A willingness to tailor a product or service to meet the customer’s
needs, rather than a large firm that sells an established offering,
and bringing greater competition to the market place which helps
drive costs down.
Lower cost
• Overheads and management costs are typically lower for smaller
organisations which may result in lower prices.
Quality of service
•
Small businesses can often offer more personal levels of service.
Specialism
• Many small businesses survive by offering specialist products or
services that larger suppliers find unattractive, for example
because of limited demand.
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Local Authorities (LAs) recognise that there are many barriers facing
SMEs/VCOs when endeavouring to win their business and therefore this
guide aims to help break down some of those barriers.
2. General supplier information requirements
Your company information may be requested to enable an assessment of
your organisation against the council’s requirements, such as:
Company information
Details required range from basic information, including your company
trading status, registered address and contact names, to more detailed
information on your company’s organisational structure and activities.
Competence
This is used to assess whether your company has the necessary skills,
knowledge, technical and practical experience to carry out the contract.
The format for this information will be contract specific and for certain
categories of work accreditation to trade bodies will be required.
Financial
Where possible you will be asked to submit audited accounts. If you are
submitting a bid as a group of companies, the accounts must be for the
company which will be the primary contracting company, though more
may be asked of group members, dependent upon a council risk
assessment. If you are a newly formed company that does not have
accounts available, appropriate references will be requested.
You will be asked to provide information on your insurance cover. Your
company must have a level of Employers’ Liability and Public Liability
insurance dependent on the contract requirements. In some specialist
contracts you may be required to possess Professional Indemnity
insurance, Product Liability insurance or Fire/ Contract works insurance.
Equality and diversity
Local Authorities have a legal duty to ensure that, whilst carrying out their
functions, they take account of the need to eliminate harassment and
discrimination, and promote equality.
Wiltshire Council is committed to ensuring that its employees and the
people it serves are not discriminated against on the basis of race,
gender, age, religion or belief, disability, or sexual orientation.
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Wiltshire Council requires that all suppliers, their employees and subcontractors support the council’s policies on equality and diversity. We
also require that suppliers, in the delivery of the goods and services
provided on behalf of the council, operate in a non-discriminatory way.
Guidance on writing an Equal Opportunity Policy can be obtained from the
Commission for Racial Equality website www.cre.gov.uk
Health and safety
All LAs are committed to ensuring the health, safety and welfare of
employees and of others affected by their undertakings. Contracts to
supply goods or services will only be awarded to suppliers who can satisfy
Wiltshire Council’s requirements in terms of resources required and their
health and safety competence.
For companies seeking advice on the development of health and safety
policies and procedures, the health and safety executive offers guidance
on writing a Safety Policy Statement on their website
www.hse.gov.uk - document ref INDG 259.
Environmental and sustainability Issues
The council recognises the impact that its activities have upon the
environment and the importance of encouraging the protection,
conservation and enhancement of the environment through policy
objectives. The council also recognises that suppliers have an important
contribution to make in promoting its environmental policy by identifying
and minimising the environmental impact of the goods and service that
they provide on behalf of the council.
Suppliers may be asked to identify their own environmental policy and
how they promote the adoption of this within their own organisation.
Guidance on environmental issues can be obtained from:
http://www.environment-agency.gov.uk/business/default.aspx
3. Support for local suppliers
We aim to support local businesses whenever possible by:
• ensuring that we take into account the needs of SMEs within our
electronic procurement processes, for example:
www.supplythesouthwest.co.uk
• ensuring that all tenders where consideration is given to price and
quality have evaluation criteria so there is appropriate consideration
of factors other than cost
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• offering proportionate debriefing to those who have shown an
interest in Wiltshire council contracts
• developing comprehensive information on our website, including
sources of information and key contacts.
To advertise its contract opportunities, Wiltshire Council uses an
electronic procurement system, Pro-Contract, which links to the Supplying
the Southwest Procurement Portal. The Supplying the Southwest website
can be found at www.supplyingthesouthwest.org.uk
Suppliers can register for free to receive automatic email alerts from
Wiltshire Council and 28 other Local Authorities based in the South West
region which also use the portal.
Other potential benefits for registered suppliers:
• Electronic receipt of Pre-Qualification Questionnaires (PQQ)
please see section 7, Requests for Quotes (RFQ) please see
section 5, and Invitations to Tender (ITT) please see section 8
• Electronic submission of your quotations and tenders using a
secure and traceable platform
• More efficient communication about opportunities between
bidders and buyers.
Instructions for supplier registration and expressing an Interest:
Registration
• Go to the Supplying the Southwest portal:
www.supplyingthesouthwest.org.uk
• Click ‘Opportunities’ on the left-hand side
• Click the ‘Register Free’ link in the top right corner
• Complete registration (this is quick to do) - you will receive an
email with your unique details
• Log in to the portal with the unique username and password - the
first time you log on you will be required to change your password
Expressing Interest
• Under ‘Latest Opportunities’ use the binoculars icon to search for
the opportunity
• Click on the ‘Contract of Interest’
• Click ‘Register Interest’ – only when you express an interest will
the pre-qualification questionnaire or invitation to tender become
available
• Click OK and you will have successfully registered an interest: go
to the top of the page and click ‘Home’
• To view the contract again click ‘My Opportunity’.
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After registering on www.supplyingthesouthwest.org.uk procurement
portal, which is a free website, suppliers will receive automatic email alerts
from authorities based in the South West region advising them of future
opportunities specific to your selections at the time you create your
account.
4. Providing quotations
For Request for Quotes Wiltshire Council will seek a formal written
quotation(s), which can be an email, from the preferred supplier/s of their
choice.
These will specify:
•
The goods, services or works to be supplied
•
When they are required
•
Unit of measure and quantity
•
Terms and conditions for the contract
•
Terms of payment
5. Request for Quote (RFQ) electronic systems
Wiltshire Council sometimes uses Pro-Contract to seek ‘Request for
Quotes’ for opportunities whose values are below the tendering threshold.
Please note that the council is in the process of rolling out the use of ProContract for quotes above £25,000 but below the tender threshold. This
roll-out process should be completed by mid-2014; until then you may not
see all those opportunities through the Southwest portal.
It is the objective of the council to extend the use of this RFQ system to
sub £25,000 opportunities when possible.
6. The tender process (£100,000 plus)
For the procurement of goods, services or works that fall into the category
of ‘High Value Transactions’, a formal tendering process will be adopted.
It is the council’s intention to use Pro-Contract for this process when
possible.
Ten steps to tendering
The process is as follows, but please note that if this is done through ProContract the process will be undertaken electronically:
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1. Wiltshire Council will publish an advert in the appropriate
publication, for example social care requirements will typically be
published in ‘Community Care’ magazine.
All tender level adverts will also be placed on the
www.supplyingthesouthwest.org.uk web site. Organisations
registered on it will receive alerts for appropriate opportunities.
2. Interested suppliers may respond to the advert by sending the
council a written expression of interest or tender by the required
date; responses must comply with the advert requirements.
a. One stage ‘open’ tenders will include PQQ information as
part of the tender response and the tender response will be
assessed if the PQQ is passed.
b. Two stage ‘restricted’ tenders will require a PQQ submission,
used to shortlist organisations to an appropriate number, in
advance of an ITT being issued to those making the shortlist.
3. Other procurements routes are available to the council for
complex high value requirements, but they are not commonly
used.
4. Wiltshire Council will issue a set of tender documents to all
organisations expressing interest in ‘open’ tenders, but only to
those shortlisted for ‘restricted’ tenders.
5. There may be an opportunity to ask questions about the
opportunity and organisations should take advantage of that to
ensure that they fully understand the requirement and their
suitability to deliver the required goods or services, before
submitting a tender.
6. Every organisation must complete and return the tender
documents by the required date and means.
7. Wiltshire Council may seek clarification when necessary on the
tender documents submitted.
8. Wiltshire Council will evaluate all properly completed submissions,
which may include an e-auction process for common goods or
services suited to that approach.
9. Once the outcome of the tender is known, the council will typically
operate a ‘Standstill process’, in which it notifies the organisations
of the outcome and allows a 10-day window prior to awarding the
contract to the successful bidder.
10. At the end of the standstill process, Wiltshire Council will award a
contract to the successful supplier as quickly as it reasonably can.
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When appropriate, Wiltshire Council will give potential suppliers an
opportunity to discuss the procurement in order to understand the
requirements in full and assess their own suitability. This might be through
a provider event, or through a question and answer opportunity in the
tender process. Nothing will be done, however, which would give a
particular business or provider an unfair advantage in competing for a
specific contract.
7. Pre-Qualification-Questionnaires
As part of an ‘open’ tender or when Wiltshire Council wishes to develop a
shortlist through a ‘restricted’ tender it will issue a PQQ to support the
selection of tenderers whose bids will subsequently be evaluated.
All or some of the following types of question will be asked:
•
•
•
•
•
•
•
What are the supplier’s educational and professional qualifications
that enable them to deliver this contract?
What is the average number of staff employed over a three year
period?
What equipment, tools or plant does the supplier have available
for the contract?
What similar work has the supplier undertaken in the last three
years?
What references can the supplier offer from current or past
customers?
What standard company policies does the supplier operate?
What evidence does the supplier have of its good financial
standing?
Tenderers may also have to provide a copy of their most recently audited
accounts and a statement of the organisation’s turnover, profit and loss
and cash flow for the most recent year, or a statement of the forecast cash
flow for the coming year.
NB: Wiltshire Council can disqualify suppliers at this selection stage
based on their responses to factors such as financial standing and
technical capability.
8. Tender documents
Upon application during an ‘open’ tender, or upon successful short-listing
following a ‘restricted’ tender, Wiltshire Council will issue a set, or bundle,
of tender documents that will typically consist of the following elements:
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•
•
•
•
•
•
•
•
Letter of invitation – this will advise when, how and where tenders
should be submitted.
Instructions to tenderers – provides guidance for correctly
completing the tender documents and set out or refer to the rules that
will govern the procurement.
Form of tender – an agreement to the terms and conditions of the
tender by the tenderer.
Specification – sets out what the council wants to achieve in terms
of output, standards and performance and outcomes.
Terms and conditions of contract – sets out the legally binding
terms on which a successful tenderer will provide goods, services, or
works, as the case may be, and this includes method of payment.
Tender return schedules – documents required to be completed by
the tenderer detailing specific elements of the proposal such as
prices or rates.
Tender evaluation criteria – this will demonstrate, in outline, how
the council intends to evaluate each tender and on which basis it will
select a contractor. A price/ quality ratio will generally be stated that
represents the weighting given to the elements for evaluation.
Tender return instructions – this states the contract reference
number, date and address for return and may include a pre-printed
label for non-electronic tenders.
9. Doing business electronically
If you do business with Wiltshire Council, please ensure that you supply
an up-to-date email address and, once registered, ensure that you inform
Wiltshire Council if any of your details change, in particular the address
and telephone number.
In addition to using the Pro-Contract system for conducting tenders and
quotes, the council also uses SAP to raise purchase orders, either for low
value routine procurements, or for orders placed against a contract won
through a tender.
10. Dos and Don’ts
This checklist may help you:
A list of what to do:
•
Provide requested information on time and in the required format
and remember the date given for a response is normally the last
date that can be accepted.
•
Study our advertisements carefully; they are the opportunity for
you to decide whether your business can properly perform the
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•
•
•
•
•
•
contract. There will usually be a contact name and telephone
number; it will often be useful to contact the council officer who is
responsible for the contract so that you can talk it through and
really understand the requirements. This will avoid your wasting
valuable time and money tendering for a contract for which you
cannot realistically compete.
Ask questions during the process if something is not clear.
Provide any pre-qualification data accurately and in the format
described.
Ensure that you have proof of postage.
Provide accurate, clear and concise contact details; telephone
numbers, e-mails and fax details.
Review your policies on a regular basis to ensure that they comply
with current legislation.
Comply with the ITT and any other regulations that apply. Failure
to do so may lead to disqualification.
A list of what not to do:
•
Don’t send ‘glossy’ brochures that have not been requested.
They make any responses messy and difficult to assess properly.
Send only what has been requested and only send supplementary
information if we have offered the opportunity to do so.
•
Don’t seek to influence the tender process by requesting meetings
or contacting the council to discuss your tender. If your tender
requires clarification the council will contact you.
•
Please don’t place marks on the tender envelope or parcel that
identifies your company in any way.
•
Don’t seek changes to the tender documentation after tenders
have been submitted.
11. Feedback
Whatever the result of your tender, you are entitled to proportionate
feedback or a de-brief and, in fact, we encourage you to ask for one. To
be told in which areas you did well and not so well should help improve
any future tender submissions.
12. Further information
Using this guide does not guarantee the award or continuation of a
contract. Legally, LAs cannot have a positive discrimination policy which
favours local companies, but they like to ensure that SMEs/VCOs are
encouraged to compete for opportunities for new and continued business.
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This guide is designed to provide you with an overview of doing business
with Wiltshire Council.
For further information on any of the topics contained within this booklet
and information about the challenges the council faces and procurement
policies, please contact via email the [email protected] or
visit http://www.wiltshire.gov.uk/council/corporateprocurementunit.htm
It is emphasised that this is only a guide to the general procurement
activities of Wiltshire Council. No statement in this guide shall be deemed
to govern or apply to every tender.
13. Glossary
Contract
An agreement between the purchaser and the supplier that is enforceable
by law.
E-procurement
Refers to using electronic tools that support the sourcing of goods and
services and the transactional purchasing process, including ordering and
invoicing.
European Procurement Directives
European Procurement Directives are the European rules that govern all
public sector contracts. There are different requirements depending on the
type of contract: services, supplies, utilities and works, and the nature of
the contract.
European Union
The European Union (EU) is a group of democratic European countries,
committed to working together for peace and prosperity. The rule of law is
fundamental to the EU. All EU decisions and procedures are based on
Treaties, which are agreed by all the EU countries. For further information
please visit: http://europa.eu/index_en.htm
Invitation to Tender
The Invitation to Tender (ITT) is an invitation sent to a shortlist of bidders,
selected via the PQQ, to make a formal and detailed offer to supply the
services or goods required. This will include a detail timeline of tender
process, specifications, expected pricing response and terms and
conditions.
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Pre-Qualification-Questionnaire
The PQQ is a document that potential contractors are required to
complete, providing the purchasing authority with various pieces of
necessary information by which council can shortlist those contractors:
•
•
whose bids will be evaluated – ‘open’ tender process
from whom a tender will be sought – ‘restricted’ tender process.
Pro-Contract
The e-tender software application Pro-Contract allows public and private
sector business to connect electronically to conduct the contract letting
process online, from supplier registration and expression of interest,
contract download, and submission of bid documentation, to evaluation of
tenders and notification of award.
Procurement
This covers all activities that involve buying, contracting, purchasing,
sourcing or tendering. Local Authorities procure a wide variety of goods,
services and works ranging from pencils to foster-care to new school
buildings. Good procurement does not mean simply buying the cheapest
option, but seeking to achieve value for money by considering a
combination of cost and quality to meet the requirement.
Request for Quotation
A Request for quotation (RFQ) is a simplified standard business process
the purpose of which is to invite suppliers into a bidding process to bid on
specific products or services.
Small or Medium Sized Enterprise – SME
Categorised as any organisation that employ fewer than 250 employees.
Specification
This is a written statement that will define the requirement. The
specification will vary according to the product or service concerned. For
a simple product the specification may be a brief description, while in the
case of a complex service it will be a comprehensive document, many
pages in length.
Supplyingthesouthwest
This regional portal gives you a one-stop shop window on contract
opportunities from a growing number of councils in the South West. Even
without registering, you can use the portal to look for information about
existing contracts and new opportunities.
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Tendering
This is a purchasing procedure whereby potential suppliers are invited to
make a firm and unequivocal offer of the price and terms against which
they are willing to be legally bound to deliver the requirement which, on
acceptance, shall be the basis of the subsequent contract.
Voluntary and Community Organisation – VCO
A voluntary organisation is: non-profit distributing, non-statutory,
autonomous, and may be charitable.
A community sector organisation is active on a local or community level.
It is usually small, modestly funded and largely dependent on voluntary,
rather than paid, effort. VCOs can be seen as distinct from the larger,
professionally staffed agencies which are most visible in voluntary sector
profiles; hence the phrase Voluntary and Community Sector (VCS) to
encompass the full range.
Information about Wiltshire Council services can be made available in
other formats (such as large print or audio) and languages on request.
Please contact the council by email on [email protected]
Please note: This guide may be subject to change.
For an up-to-date version please access www.wiltshire.gov.uk
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