Exclusion Grounds: for further information please refer to Regulations 8 and 9 of The Procurement (Scotland) Regulations 2016.
The bidder must be excluded if it meets any of the following criteria:
1. Conviction of the economic operator or of a person who is a member of the administrative, management or supervisory body of the economic operator, or who has powers of representation, decision or control in relation to such economic operator for any of the following offences:
(a)the common law offence of conspiracy where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime or an offence under sections 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010;
(b)corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption as defined in Article 3 of the Council Act of 26th May 1997 and Article 3(1) of Council Joint Action 98/742/JHA;
(c)bribery or corruption within the meaning of sections 68 and 69 of the Criminal Justice (Scotland) Act 2003, where the offence relates to active bribery or corruption;
(d)bribery within the meaning of sections 1 or 6 of the Bribery Act 2010;
(e)where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities:
(i)the offence of cheating the Revenue;
(ii)the common law offence of fraud;
(iii)the common law offence of theft or fraud;
(iv)fraudulent trading within the meaning of section 458 of the Companies Act 1985, or section 993 of the Companies Act 2006;
(v)fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;
(vi)an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
(vii)the common law offence of uttering; or
(viii)the common law offence of attempting to pervert the course of justice;
(f)any offence listed in—
(i)section 41 of the Counter-Terrorism Act 2008; or
(ii)Schedule 2 to that Act where the court has determined that there is a terrorist connection.
(g)money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002;
(h)an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988;
(i)any offence under Part 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under any provision referred to in the Schedule to that Act;
(j)an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994;
(k)any other offence within the meaning of Article 57(1) of the Directive 2014/24/EU of the European Parliament and Council as defined by the law of any EEA state or any part thereof.
2. The economic operator has committed an act prohibited under the Employment Relations Act 1999 (Blacklists) Regulations 2010 and the commission of such an act has been admitted by the economic operator or established by a judicial decision having final and binding effect.
The bidder may be excluded if it meets any of the following criteria:
1. A violation by the economic operator of applicable obligations referred to in regulation 57(2) of The Public Contracts (Scotland) Regulations 2015 (general principles);
2. The economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under laws and regulations to which the economic operator may be subject;
3. The economic operator is guilty of grave professional misconduct, which renders its integrity questionable;
4. The economic operator has entered into agreements with other economic operators aimed at distorting competition;
5. A conflict of interest exists within the meaning of regulation 25 of The Public Contracts (Scotland) Regulations 2015 (conflicts of interest) which cannot be effectively remedied by other less intrusive measures;
6. A distortion of competition from the prior involvement of the economic operator in the preparation of the procurement procedure, as referred to in regulation 42 of The Public Contracts (Scotland) Regulations 2015 (prior involvement of candidates or tenderers), cannot be remedied by other, less intrusive measures;
7. The economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract, damages or other comparable sanctions;
8. The economic operator has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfillment of the selection criteria;
9. The economic operator has withheld information referred to in regulation 9(5)(h) of The Procurement (Scotland) Regulations 2016;
10. The economic operator—
(i)has or has sought to unduly influence the decision-making process of the contracting authority,
(ii)has or has sought to obtain confidential information that may confer upon it undue advantages in the procurement procedure; or
(iii)has negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award.
Health and Safety: The tenderer must evidence robust health and safety policies and practices.
Economic and Financial Standing: Bidders will be required to have an average yearly turnover of a minimum of 1500000 GBP for the last 2 years along with a good high street credit score.
It is a requirement of this contract that bidders hold, or can commit to obtaining prior to the commencement of any subsequently awarded contract the types and levels of insurance indicated below:
Employers (Compulsory) Liability Insurance - 5M GBP
Public Liability Insurance - 5M GBP each and every claim (Policy must have no conditions or exclusions in relation to boring at the depth required)
Third Party Motor Insurance, statutory third party motor vehicle cover in accordance with the provisions under the current Roads Traffic Act 1998 (as amended).
Technical and Professional Ability:
Bidders will be required to provide examples of works carried out in the past five years that demonstrate that they have the relevant experience to deliver the work as described in this Contract Notice and the ITT provided on the Public Contracts Scotland Tender portal.
Bidders will be required to confirm details of the technicians or technical bodies who they can call upon, especially those responsible for quality control.
Bidders will be required to demonstrate that they have (or have access to) the appropriate technical facilities, study and research facilities and quality measures to deliver the types of requirements detailed in II.2.4 in this Contract Notice.
Bidders will be required to demonstrate that they have (or have access to) the relevant tools, plant or technical equipment to deliver the types of requirements detailed in II.2.4 in this Contract Notice.
Bidders will be required to confirm whether they intend to subcontract and, if so, for what proportion of the contract.
Documented arrangements for ensuring that on-site welfare provisions meets legal requirements and the needs / expectations of the bidder's employees. This must demonstrate that suitable welfare facilities will be in place before starting work on site, whether provided by site specific arrangements or the bidder's own organisational measures.
You must meet any health and safety requirements placed upon you by law.
Bidders should provide the following supporting documents which are uploaded to the general attachments area of the e-tender, please note these documents must be signed by an authorised signatory:
Health and Safety Questionnaire
S1 Equalities Questionnaire
S2 Equalities Declaration
S3 Tender Compliance Certificate
S4 No Collusion Certificate
S6 Waste Carrier Certificate
S7 Destruction of Confidential Information Certificate
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361
A summary of the expected community benefits has been provided as follows:
The Contractor delivers the Community Benefits proposed in response to the tender.