Invitation to tender



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CONTRACT FOR THE PROVISION OF

RECORDING/TRANSCRIPTION SERVICES
INVITATION TO TENDER

This document should be completed and returned in accordance with the Instructions to Tenderers contained herein

Tender to be submitted by:

12.00 noon on 21st October 2016

To:

Procurement

General Dental Council

37 Wimpole Street

London


W1G 8DQ

E-mail address:

procurement@gdc-uk.org









General Dental Council

37 Wimpole Street

London

W1G 8DQ
GENERAL DENTAL COUNCIL
CONTRACT FOR THE PROVISION OF

RECORDING/TRANSCRIPTION SERVICES
COMMENCING 1 JANUARY 2017

CONTENTS

Information and Instructions for Tenderers

Terms and Conditions of Contract
Specification
Information to be Provided by Tenderer
Pricing Schedule
Form of Tender
Appendices
Confidentiality Agreement

GENERAL DENTAL COUNCIL
CONTRACT FOR THE PROVISION OF

RECORDING/TRANSCRIPTION SERVICES
INFORMATION AND INSTRUCTIONS FOR TENDERERS


  1. THE GENERAL DENTAL COUNCIL



    1. The General Dental Council (GDC) is the UK-wide statutory regulator of over 100,000 members of the dental team, including approximately 40,000 dentist and 60,000 dental care professionals (DCPs) - dental nurses, clinical dental technicians, dental hygienists, dental technicians, dental therapists and orthodontic therapists.



    1. The GDC is overseen by a Council of 12 members, six lay and six dental professionals.



    1. Our legislation, the Dentist Act 1984, sets us the following objectives:



  • to protect the public

  • to protect, promote and maintain the health, safety and well-being of the public

  • to promote and maintain confidence in the dental profession

  • to promote and maintain proper professional standards and conduct for these professions.



    1. We do this by ensuring that dental professionals meet our standards, which reflect patient expectations, and deliver safe and appropriate care to patients.



    1. Our principal place of business is 37 Wimpole St, London W1G 8DQ and one office in Croydon that manages the Dental Complaints Service. These sites accommodate some 290 staff.



    1. Further details on the GDC may be found on our web site www.gdc-uk.org




  1. BACKGROUND TO THE REQUIREMENT




    1. The GDC is looking to appoint an organisation to provide loggers who will take notes and organise audio recording for numerous GDC Hearings at various locations. The chosen service provider will have a proven track record of providing this service to similar organisations using suitably qualified and experienced personnel. Full details are set out in the specification below.




    1. The GDC is also open to consider alternative methods of production that will deliver financial and efficiency benefits in the recording process.




  1. TENDER RETURN INSTRUCTIONS

NOTE: Failure by a Tenderer to comply with these instructions may invalidate her/his tender.




    1. Tenderers must deliver in a plain sealed envelope (which must not bear any identification marks) one unbound hard copy of their original signed tender clearly marked “Tender for Recording Services”. Your tender must be sent to Procurement Manager, General Dental Council, 37 Wimpole St, London W1G 8DQ.




    1. The tender is to be returned by no later than 12 noon on 21st October 2016 (‘the Deadline’). The General Dental Council (GDC) reserves the right to extend the Deadline. Any extension will apply to all tenderers. The GDC reserves the right to reject any responses received after the Deadline.




    1. In addition to the hard copies, Tenderers are requested to submit one copy of their tender electronically, either on a USB device, CD-Rom or via email with the subject heading “Tender for Recording Services” to procurement procurement@gdc-uk.org. Documents should be in a format that is compatible with Microsoft Office.




    1. Please note that electronic copies will be used solely to enable electronic distribution of tenders around the GDC for evaluation purposes as and when necessary. The original hard copy tender document is the prime document that must be delivered by the Deadline detailed above. In the event of hard copy tenders not being received by the Deadline, electronic copies received before the Deadline will be deleted without opening.




    1. It is each tenderer’s responsibility to ensure that their tender is delivered to the correct address by the Deadline.




    1. The GDC reserves the right at any time to issue further supplementary instructions and updates and amendments to the instructions and information contained in this Invitation to Tender (ITT) as it shall in its absolute discretion think fit.




    1. Tenderers are required to complete and provide all information required by the GDC in accordance with this ITT. Failure to comply with these Instructions to Tender may lead the GDC to reject a tender response.




    1. The GDC will not be responsible for the costs or expenses of any Tenderer in relation to any matter referred to in this Invitation to Tender howsoever incurred.




    1. The GDC may alter the procurement process outlined in this ITT and will notify Tenderers of any such changes. Under no circumstances will the GDC be liable for any costs or expenses incurred by bidders as a result, directly or indirectly, of any such changes to the procurement process outlined in this Invitation to Tender.



    1. The GDC may decide not to award any contract or contracts pursuant to this tender where no satisfactory proposal(s) are received




  1. CONTRACT TERMS AND CONDITIONS




    1. Any contract placed subsequent to this tender will be subject to the General Dental Council’s Conditions of Contract, including any Special Conditions, amendments and additions as specified. Your particular attention is drawn to those clauses relating to Data Protection.




    1. In submitting a response to this Invitation to Tender it will be implied that you accept all the provisions of this ITT including the terms and conditions set out below.




  1. CONFIDENTIALITY AGREEMENT




    1. By the very nature of the contract, the successful tenderer will have access to private and confidential information. It is imperative that this information is kept secure, therefore the successful tenderer will be required to enter into a Confidentiality Agreement, the template for which is included as an appendix to these documents.




    1. In addition the successful tenderer must ensure that transcripts MUST NOT be typed up or otherwise prepared in any public place. All Loggers employed in the fulfilment of this contract must sign a written undertaking to this effect.




  1. ACCEPTANCE OF TENDERS




    1. The GDC does not bind itself to accept the lowest or any tender.




    1. The GDC reserves the right to accept the whole or any part of any tender.




  1. PERIOD OF ACCEPTANCE




    1. The tender is to remain open for acceptance for a minimum period of 60 days from the Deadline.




  1. QUANTITIES AND SCOPE




    1. The quantities and scope of services set out in the Specification below are an estimate of the GDC’s requirements at the time of producing this Invitation to Tender (ITT). The information provided is to the best of our knowledge accurate at the time of issuing the ITT but circumstances may change over the life of the contract. The GDC does not guarantee exclusivity of contract and no guarantee can be given that the Contractor will receive a minimum level of business.




    1. Tenderers must form their own opinions, making such investigations and taking such advice (including professional advice) as is appropriate without reliance upon any opinion or other information provided by the GDC or their advisers and representatives. Tenderers should notify the GDC promptly of any perceived ambiguity, inconsistency or omission in this ITT, any of its associated documents and/or any other information issued to them during the procurement process.




    1. Tenderers are solely responsible for the costs and expenses incurred in connection with the preparation and submission of their tender and all other stages of the selection and evaluation process. Under no circumstances will the GDC, or any of their advisers, be liable for any costs or expenses borne by tenderers, their sub-contractors, suppliers or advisers in this process.




  1. FURTHER INFORMATION




    1. All requests for further information or clarification of the GDC’s requirements in relation to this ITT must be addressed to Anne Sinclair, Head of Hearings at asinclair@gdc-uk.org. The closing date for any further questions/clarification will be 12 noon on 19 October 2016.




    1. The GDC reserves the right to issue the response to any clarification request made to all tenderers unless it is expressly required to be kept confidential at the time the request is made. If the GDC considers that the contents of the request should not be kept confidential, it will inform the requester and the requester will have the opportunity to withdraw the request.




  1. CONTRACT PERIOD




    1. The Contract will run for a period of two years commencing on 1 January 2017 with an option to extend for a further period of one year plus a further one year at the absolute discretion of the GDC and subject to agreement between the parties to the contract.




  1. PRICING




  1. All tender prices shall be deemed to remain fixed for the initial contract period of two years. Any variations to price, which can be foreseen by the Contractor prior to the Commencement Date, will be deemed to have been included in the tender price. Any increase in the Contract Price after the expiry of the initial contract period shall not exceed the percentage change published in the Consumer Price Index using the Contract Commencement Date as the base date.




  1. EVALUATION




    1. The tender will be evaluated on the basis of best value using a combination of 60 % quality and 40% price. GDC resources are raised through an annual fee paid by dental professionals. Providing and demonstrating value for money and cost effectiveness is fundamental to the GDC.




    1. Tenderers are advised that the GDC will be carrying out financial checks using the services of a recognised financial services information provider. Whilst not forming part of the quality tender evaluation (see below) the contract will not be awarded to any organisation found to have a medium to high risk assessment. Tenders will be evaluated using the following criteria.




Quality Criteria

Weighting

Experience of providing similar services in similar volumes to other organisations.

10%

Proposal for delivering the number of hearing days at multiple venues simultaneously.

30%

Tenderer’s understanding of the scope, reliability and commitment to meeting quality of service expected

30%

How service delivery, including any proposed alternative methods of production, will be managed to ensure that performance requirements are met and improvements in service achieved.

30%

(Sub-total 100% within 60% of quality marks available)


PRICE - 30% of overall marks available.


  1. PROCUREMENT PROGRAMME




    1. The indicative dates for the remainder of the procurement procedure are set out in the table below. These are for guidance only and are subject to change at the sole discretion of the GDC.



ACTIVITY

EXPECTED DATE







Closing date for tenderer clarification questions

19 October 2016

Tender closing date

21 October 2016

Initial Evaluation Completed

04 November 2016

Interviews

10 November 2016

Contract award

21 November

Contract operational commencement

1 January 2017



  1. PREVENTION OF CORRUPTION




    1. Any attempt by any tenderer to influence inappropriately the contract award process in any way will result in that tender being disqualified. Any direct or indirect canvassing by any tenderer in relation to this procurement or any attempt to obtain information from any of the employees or agents of the GDC concerning another tenderer may result in disqualification at the discretion of the GDC.




    1. The GDC shall be entitled to cancel the Contract and recover from the Contractor the amount of any loss resulting from such cancellation should any tenderer, his servant or agent give or offer any gift or consideration whatsoever as an inducement or reward to any employee, agent or officer of the GDC, which the tenderer may note will also constitute a criminal offence, punishable by imprisonment.




  1. FREEDOM OF INFORMATION




    1. The Freedom of Information Act (‘FOIA’) applies to the GDC. Any tenderer should be aware that the GDC’s obligations and responsibilities under the FOIA to disclose, on written request, recorded information held by the GDC. Information provided by a tenderer in connection with this ITT, or with any Contract which may be awarded as a result of this ITT, may therefore have to be disclosed by the GDC in response to such a request, unless the GDC decides that one of the statutory exemptions under the FOIA applies.




    1. The Council may also decide to include certain information in the publication scheme, which the GDC maintains under the FOIA.




    1. If a tenderer wishes to designate information supplied as confidential, it must provide clear and specific detail as to the precise elements which are confidential. For example, if a tenderer considers that any of the information included in their tender submission is commercially sensitive, it should identify it and explain (in broad terms) what harm may result from disclosure if a request is received, and the time period applicable to that sensitivity.




    1. Tenderers should be aware that, even where they have indicated that information is commercially sensitive, the GDC may still be required to disclose it under the FOIA if a request is received.




    1. Tenderers should also note that the receipt of any material marked ‘confidential’ or equivalent by the GDC should not be taken to mean that the GDC accepts any duty of confidence by virtue of that marking.




GENERAL DENTAL COUNCIL
CONTRACT FOR THE PROVISION OF

RECORDING/TRANSCRIPTION SERVICES
TERMS AND CONDITIONS
1. Definitions & Interpretations

2. Ordering of Goods and/or Services and entering into of Contract

3. Quality of Materials, Goods and Services

4. Delivery

5. Risk & Title

6. Key Personnel and Replacement

7. Price of Goods and Services

8. Payment

9. Final payment

10. Price Adjustment

11. Notices

12. Conflicts

13. Contractor Responsibilities

14. Sub-Contracting

15. Prevention of Corruption & Fraud

16. Right of Audit

17. Equality & Diversity

18. Environment & Sustainability

19. Health & Safety

20. Value Added Tax

21. Data Protection

22. Freedom of Information

23. Confidentiality

24. Monitoring of Contract

25. Performance

26. Extension of Time

27. Variations

28. Liabilities & Indemnities

29. Warranties & Representations

30. Intellectual Property

31. Publicity

32. Branding

33. Delay

34. Transfer of Undertakings (Protection of Employment) Regulations 2006

35. Governing Law

36. Force Majeure

37. Dispute Resolution

38. Recovery of Sums Due

39. Termination

40. Consequences of Termination

41. Disruption

42. Entirety

43. Non Waiver

44. Severability

45. Third Party Rights
Schedule 1 – Data Protection






  1. Definitions & Interpretations

Advice Note” means a document provided by the Contractor accompanying any deliveries and specifying the place and date of dispatch, place of delivery, details of items delivered including such information as the number of packages/items, their weight and volume or similar document as approved by the GDC;

Agreed Price" means the price set out in this Contract and/or the Specification, exclusive of Value Added Tax;


Commencement Date” means any date specified in the Specification on which the Contract takes effect, or, the date of this Contract;
"Contract" means the contract between GDC and the Contractor consisting of this agreement and the Specification;
Contract Period” means any period set out in the Specification, unless terminated earlier in accordance with clause 40 (Termination) or any other termination provisions;
"Contractor" means the person, firm or company with whom the Contract is made;
"FOIA" means the Freedom of Information Act 2000 and any subordinate legislation made under this Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner in relation to such legislation;
Force Majeure Event” means any of the following:-
a) war and other hostilities (whether war be declared or not) invasion, terrorist activity, act of foreign enemies, mobilisation, requisition or embargo;
b) rebellion, revolution, insurrection, military or usurped power or civil war;
c) riot, commotion or disorder except where solely restricted to employees of the Contractor or its sub-Contractors or sub-Contractors;
d) earthquake, flood, fire or other natural physical disasters except to the extent that any such disaster is caused by, or its effects contributed to by, the party claiming Force Majeure;
e) a general industrial dispute not limited to the employees of the Contractor or the employees of any of its sub-Contractors or sub-Contractors.
Force Majeure Notice” means a notice pursuant to clause 37.1
GDC means General Dental Council;
GDC Brand” means any name and/or logo belonging to GDC;
GDC Personal Data” any personal data provided to the Contractor by GDC or on its behalf or collected by the Contractor on behalf of GDC;
"Information" has the meaning given under section 84 of the Freedom of Information Act 2000;

"Intellectual Property Rights" means any and all copyright, database rights, moral rights, rights in performances, rights in designs, trade marks, service marks, domain names, goodwill, patents, rights in confidential information and other intellectual property rights (including, where relevant, all extensions, reversions, revivals and renewals of the same), in each case whether registered or unregistered and including all applications (and rights to apply) for protection of such rights, as well as all similar or equivalent rights or forms of protection subsisting now or in the future in any jurisdiction;
Key Personnel” means any Personnel identified as being key in the Offer Letter;
"Materials" means any and all works and materials in whatever form or medium, including, but not limited to, hard copy and electronic form (including any and all concepts, ideas, designs, text, visual materials, drawings, sketches, presentations, slides, graphics, logos, models, documents, reports, plans, scripts, notes, specifications, photographs, films, video and/or audio recordings, transparencies, negatives, prints, musical compositions, lyrics, dramatic treatments, choreography, typographical arrangements, information, data, computer programming and/or software);
Request for Information” a request for information or an apparent request under the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations;
"Services" means the services to be provided as specified in the Offer Letter and shall, where the context so admits, include any materials, articles or goods to be supplied thereunder
Specification” shall mean the requirements to which the Goods and/or Services supplied shall conform as detailed in the Supplier’s documents or memorandum of those requirements and as (in both cases) attached to this Contract;
Tender” means any tender submitted by the Contractor for this Contract;
Variation” shall mean any alteration to the Contract agreed between the parties in accordance with clause 28 (Variations);
"Works" means all intellectual property created as a result of the Services (including any part(s) and any modification(s) and adaptation(s) of the same) and includes: (a) all copyright works (including, without limitation, photograph(s), video footage, digital image(s) (whether still or moving)) created or produced, now or in the future, by you or on your behalf (either individually or in conjunction with any other person(s)) in the course of performing your obligations under this Contract; and (b) where the context admits, any and all related Materials; and (c) any and all performance(s) rendered by you in connection with such works and/or the Services.


    1. The interpretation and construction of the Contract shall be subject to the following provisions:

A) a reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as subsequently amended or re-enacted;


b) the headings to clauses are for ease of reference only and shall not affect the interpretation or construction of the clauses;
C) where the context allows, the masculine includes the feminine and the neutral, and the singular includes the plural and vice versa.




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