Public procurement notice: Contract Notice
Published: 2016-08-06
Buyer: The Minister for the Cabinet Office acting through Crown Commercial Service
Country: UK
Region: UNITED KINGDOM
Contract type: Services
Procedure: Open procedure
CPV classification: 30100000 | 30121000 | 30121100 | 30121200 | 30121300
Estimated value: 500000000 GBP
Submission deadline: 2016-09-05
Award criteria: The most economic tender

Technical requirements: Crown Commercial Service as the Authority is putting in place a Pan Government Collaborative Framework Agreement for use by UK public sector bodies identified at VI.3 (and any future successors to these organisations), which include Central Government Departments and their Arm's Length Bodies and Agencies, Non Departmental Public Bodies, NHS Bodies and Local Authorities.
The above Public Sector Bodies have a need for Multifunctional Devices, Managed Print and Content, Records and Information Management Services.
Potential Providers have the opportunity to submit a Tender for all or any combination of Lots 1, 2, 3, 4, 5, 6 and 7. However, the successful Potential Provider(s) for Lot 7 are required to provide an entirely independent vendor neutral audit, therefore if successful on any other Lots, the Potential Provider must make the choice of accepting a single award for Lot 7 or accept award for any other Lot(s) which they are successful.
The Authority has taken the decision to award this procurement in two (2) Phased periods, Phase 1 is applicable to Lots 2 and 3. Phase 2 is applicable to Lots 1, 4, 5, 6 and 7.
In the event that a Potential Provider bidding for Lots 2, 3 and 7 is successful in the Phase 1 award stage for Lot 2 and/or Lot 3 then the Potential Provider will be required to formally withdraw their bid for Lot 7 during the Phase 1 award stage and confirm that they intend to accept the offer of award for Lot 2 and/or Lot 3. Alternatively, if the Potential Providers preference is for their bid to be evaluated for Lot 7, then they shall be required to formally reject the offer of award for Lot 2 and/or Lot 3 during the Phase 1 award stage.
In order to ensure that the competition on the Framework Agreement is not distorted, Potential Providers are not permitted to submit more than one Tender for each Lot regardless of whether that Tender is submitted in their own name or as part of a Group of Economic Operators. If a Potential Provider submits more than one Tender for a Lot, the Authority is entitled to disqualify one or all of the Tenders submitted by the Potential Provider in respect of the relevant Lot.
The duration of the Framework Agreement referenced in Section II.1.4 is for the placing of orders, and all Framework Agreements will be awarded for a term of four (4) years. Please refer to indicative Award timetable in Attachment 1 — Invitation to Tender which details Award dates for all seven (7) Lots.
Electronic ordering and/or electronic invoicing and/or electronic payment may be used during the period of the Framework Agreement and throughout the lifespan of any Call Off Agreements.
The Authority considers that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) may apply at Call-Off Agreement level under Lot 2, Lot 3, Lot 4 and Lot 5 of this Framework Agreement.
The Authority considers TUPE not to be an issue in respect to Lot 1, Lot 6 and Lot 7 on the basis that there is no organised grouping of employees dedicated to providing these services under the current arrangements. It is the responsibility of Potential Providers to take their own advice and consider
whether TUPE is likely to apply in the particular circumstances at individual Call Off Agreement stage under this Framework Agreement and to act accordingly.
Potential Providers should note that, in accordance with the UK Government's policies on transparency, the Authority intends to publish the Invitation to Tender (ITT) document and the text of any Framework Agreement awarded, subject to possible redactions at the discretion of the Authority. The terms of the proposed Framework Agreement will also permit a public sector Authority, awarding a contract under this Framework Agreement, to publish the text of that contract, subject to possible redactions at the
discretion of the Authority. Further information on transparency can be found at: https://www.gov.uk/government/publications/procurement-and-contracting-transparency-requirements-guidance.
The provision of Equipment e.g. mono and colour-capable Multifunctional Devices, Entry Level Print Management Software and peripheral accessories via an online web based portal. The duration of the Lot 1 Framework Agreement is four (4) years (48 months), with a maximum Call Off period of five (5) years (60 months).
The scope of this Lot 1 Multifunctional Devices (MFD's) and Entry Level Print Management Software is for the provision of Equipment which includes mono and colour-capable Devices from small to large office based, free standing and network ready MFDs, Entry Level Print Management Software and peripheral accessories to enable Contracting Authorities to utilise bespoke Devices to meet their individual requirements.

Eligibility requirements: Information and formalities necessary for evaluating if the requirements are met; Potential Providers will be assessed in accordance with Section 5 of Chapter 2 of the Public Contracts Regulations 2015, as amended (implementing Title II, Chapter III, Section 3, Sub-section I of Directive 2014/24/EU), on the basis of information provided in response to an Invitation to Tender (‘ITT’). This procurement will be managed electronically via the Authorities e-Sourcing Suite. To participate in this procurement, participants must first be registered on the e-Sourcing Suite. If you have not yet registered on the eSourcing Suite, this can be done online at https://gpsesourcing.cabinetoffice.gov.uk by following the link ‘Register for CCS eSourcing’. Please note that, to register, you must have a valid DUNS number (as provided by Dun and Bradstreet) for the organisation which you are registering, who will be entering into a contract if invited to do so. Full instructions for registration and use of the system can be found at https://www.gov.uk/government/publications/become-a-crown-commercial-servicesupplier/becoming-a-supplier-through-the-crown-commercial-service-what-you-need-to-know Once you have registered on the eSourcing Suite, a registered user can express an interest for a specific procurement. This is done by emailing ExpressionOfInterest@crowncommercial.gov.uk Your email must clearly state: the name and reference for the procurement you wish to register for; the name of the Potential Provider; and the name and contact details for the registered individual sending the email. The Authority will process the email and then enable the Potential Provider to access the procurement online via the e-Sourcing Suite. The registered user will receive a notification email to alert them once this has been done. As a user of the e-Sourcing Suite you will have access to eSourcing Suite email messaging service which facilitates all messages sent to you and from you in relation to any specific RFX event. Please note it is your responsibility to access these emails on a regular basis to ensure you have sight of all relevant information. For technical assistance on use of the e-Sourcing Suite please contact Crown Commercial Service Support Desk email: eEnablement@crowncommercial.gov.uk A full copy of the ITT documentation for this procurement will be available for unrestricted and full direct access, free of charge via Crown Commercial Service website from the date of this publication of the contract notice: http://ccs-agreements.cabinetoffice.gov.uk/procurement-pipeline Responses must be published by the date in IV.3.4. From 01.10.14, potential provider must be compliant with the new Cyber Essentials controls if bidding for government contracts which involve the handling of sensitive and personal information and the provision of certain technical products and services. The easiest way to demonstrate that the Cyber Essentials requirements are met is to gain the Cyber Essentials certificate and this is also likely to be the most cost effective way to demonstrate compliance. The Cyber Essentials Assurance Framework, leading to the award of Cyber Essentials and Cyber Essentials Plus certificates for organisations, has been designed in consultation with SMEs, including the Federation for Small Business, to be ‘lighttouch' and achievable at low cost. The two options give organisations a choice over the level of assurance they wish to gain and the cost of doing so. This scheme offers the right balance between providing additional assurance of an organisation's commitment to implementing Cyber Security to third parties, while retaining a simple and low cost mechanism for doing so. The need to meet the requirements of the Cyber Essentials Scheme will extend to Sub-Contractors of the Potential Provider where such Sub-Contractors are involved, on behalf of the Potential Provider, in the handling of sensitive and personal information and the provision of certain technical products and services. The Potential Provider and any Sub-Contractors will need to renew their evidence of Cyber Essentials compliance at least annually. Information and formalities necessary for evaluating if the requirements are met: Potential Providers will be assessed on the basis of information provided in response to the ITT. The ITT can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1 The Authority shall use a credit reference agency as the first step in determining financial risk in relation to Potential Providers' Tenders. The Authority will request a financial risk score based on the information provided by Potential Providers in response to the Selection Questionnaire in the ITT. In assessing the financial risk represented by Potential Providers, the Authority may take into account a copy of its audited accounts for the most recent two years (or any other information which the Authority acting transparently and objectively, considers would be appropriate taking into account the circumstances of the Potential Provider) and any one or more of the following in respect of its organisation or its guarantor (as the case may be): (a) a statement of its turnover, profit and loss account and cash flow for the most recent year of trading for this organisation; or (b) a statement of its cash flow forecast for the current year and a bank letter outlining its current cash and credit position; and/or (c) an alternative means of demonstrating financial status if any of the above are not available (e.g. forecast of turnover for the current year and a statement of funding provided by the owners and/or the bank, charity accruals accounts or an alternative means of demonstrating financial status). The ITT can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1. Potential Providers will be assessed in accordance with Section 5 of the Regulations implementing the Directive, on the basis of information provided in response to an ITT. The Authority may take into account the following information: (a) Two contract examples, from the public or private sector, providing evidence within these contracts that you have the necessary technical and professional capability ensuring similar requirements to those sought under this Procurement have been performed. Contracts should have been performed during the last 3 years prior to notification of OJEU notice. The Potential Provider must also provide: (a) Certificates in the form attached to the ITT (titled ‘Certificate of Past Performance’) from those to whom services from the three contract examples were provided; or (b) if any such Certificate cannot be obtained, a Certificate in the same form from the entity that provided the services; together with an explanation of the steps taken to obtain a Certificate from the customer and the reason why a Certificate from the customer is not available. If any Certificate does not state that the services have been provided satisfactorily in accordance with the terms of the contract in question, information to show that the reason why the contract was not performed satisfactorily will not recur in the performance of the contract to be awarded. Where the Potential Provider proposes to rely on other entities (including sub-contractors or consortium members) to perform the contract, the Potential Provider must describe the function that each such other entity will perform under the contract and provide the information required in relation to each entity. Any Potential Provider must meet the selection criterion in relation to reliability based on performance of past contracts — namely, the Authority is satisfied that: -the two contracts provided by the per Lot have been satisfactorily performed in accordance with their terms or, -where that has not occurred, the reason or reasons why that has not occurred in relation to any such contract, will not recur in the performance of the contract to be awarded. Where the Potential Provider proposes to rely on other entities (including sub-contractors or consortium members) to perform the contract, then the selection criterion for reliability must be met by each such entity, save as regards contracts or subcontracts with a value of less than 5 % of the total contract value and any sub-contractors not yet appointed. The Authority will assess whether or not this criterion is satisfied at the selection stage. In relation to the Services to be provided under this Contract, Potential Providers must confirm (in the Selection Questionnaire which is Attachment 2 of the ITT) if they have, or will have in place, prior to the Call Off Commencement Date, certification in the Standards set out below (the Standards are set out in Attachment 4a — Framework Schedule 2 (Part A: Goods and Services). — Cyber Essentials Plus Certification or equivalent (required 30 Working Days prior to the Call Off Commencement Date) https://www.gov.uk/government/publications/cyber-essentials-scheme-overview.
Information and formalities necessary for evaluating if the requirements are met: Potential Providers will be assessed on the basis of information provided in response to the ITT. The ITT can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1 The Authority shall use a credit reference agency as the first step in determining financial risk in relation to Potential Providers' Tenders. The Authority will request a financial risk score based on the information provided by Potential Providers in response to the Selection Questionnaire in the ITT. In assessing the financial risk represented by Potential Providers, the Authority may take into account a copy of its audited accounts for the most recent two years (or any other information which the Authority acting transparently and objectively, considers would be appropriate taking into account the circumstances of the Potential Provider) and any one or more of the following in respect of its organisation or its guarantor (as the case may be): (a) a statement of its turnover, profit and loss account and cash flow for the most recent year of trading for this organisation; or (b) a statement of its cash flow forecast for the current year and a bank letter outlining its current cash and credit position; and/or (c) an alternative means of demonstrating financial status if any of the above are not available (e.g. forecast of turnover for the current year and a statement of funding provided by the owners and/or the bank, charity accruals accounts or an alternative means of demonstrating financial status).
The ITT can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1. Potential Providers will be assessed in accordance with Section 5 of the Regulations implementing the Directive, on the basis of information provided in response to an ITT. The Authority may take into account the following information: (a) Two contract examples, from the public or private sector, providing evidence within these contracts that you have the necessary technical and professional capability ensuring similar requirements to those sought under this Procurement have been performed. Contracts should have been performed during the last 3 years prior to notification of OJEU notice. The Potential Provider must also provide: (a) Certificates in the form attached to the ITT (titled ‘Certificate of Past Performance’) from those to whom services from the three contract examples were provided; or (b) if any such Certificate cannot be obtained, a Certificate in the same form from the entity that provided the services; together with an explanation of the steps taken to obtain a Certificate from the customer and the reason why a Certificate from the customer is not available. If any Certificate does not state that the services have been provided satisfactorily in accordance with the terms of the contract in question, information to show that the reason why the contract was not performed satisfactorily will not recur in the performance of the contract to be awarded. Where the Potential Provider proposes to rely on other entities (including sub-contractors or consortium members) to perform the contract, the Potential Provider must describe the function that each such other entity will perform under the contract and provide the information required in relation to each entity. Any Potential Provider must meet the selection criterion in relation to reliability based on performance of past contracts — namely, the Authority is satisfied that: -the two contracts provided by the per Lot have been satisfactorily performed in accordance with their terms or, -where that has not occurred, the reason or reasons why that has not occurred in relation to any such contract, will not recur in the performance of the contract to be awarded. Where the Potential Provider proposes to rely on other entities (including sub-contractors or consortium members) to perform the contract, then the selection criterion for reliability must be met by each such entity, save as regards contracts or subcontracts with a value of less than 5 % of the total contract value and any sub-contractors not yet appointed. The Authority will assess whether or not this criterion is satisfied at the selection stage. In relation to the Services to be provided under this Contract, Potential Providers must confirm (in the Selection Questionnaire which is Attachment 2 of the ITT) if they have, or will have in place, prior to the Call Off Commencement Date, certification in the Standards set out below (the Standards are set out in Attachment 4a — Framework Schedule 2 (Part A: Goods and Services). — Cyber Essentials Plus Certification or equivalent (required 30 Working Days prior to the Call Off Commencement Date) https://www.gov.uk/government/publications/cyber-essentials-scheme-overview.
The ITT can be accessed at: https://gpsesourcing.cabinetoffice.gov.uk using the instructions detailed in III.2.1. Potential Providers will be assessed in accordance with Section 5 of the Regulations implementing the Directive, on the basis of information provided in response to an ITT. The Authority may take into account the following information: (a) Two contract examples, from the public or private sector, providing evidence within these contracts that you have the necessary technical and professional capability ensuring similar requirements to those sought under this Procurement have been performed. Contracts should have been performed during the last 3 years prior to notification of OJEU notice. The Potential Provider must also provide: (a) Certificates in the form attached to the ITT (titled ‘Certificate of Past Performance’) from those to whom services from the three contract examples were provided; or (b) if any such Certificate cannot be obtained, a Certificate in the same form from the entity that provided the services; together with an explanation of the steps taken to obtain a Certificate from the customer and the reason why a Certificate from the customer is not available. If any Certificate does not state that the services have been provided satisfactorily in accordance with the terms of the contract in question, information to show that the reason why the contract was not performed satisfactorily will not recur in the performance of the contract to be awarded. Where the Potential Provider proposes to rely on other entities (including sub-contractors or consortium members) to perform the contract, the Potential Provider must describe the function that each such other entity will perform under the contract and provide the information required in relation to each entity.
Any Potential Provider must meet the selection criterion in relation to reliability based on performance of past contracts — namely, the Authority is satisfied that: -the two contracts provided by the per Lot have been satisfactorily performed in accordance with their terms or, -where that has not occurred, the reason or reasons why that has not occurred in relation to any such contract, will not recur in the performance of the contract to be awarded. Where the Potential Provider proposes to rely on other entities (including sub-contractors or consortium members) to perform the contract, then the selection criterion for reliability must be met by each such entity, save as regards contracts or subcontracts with a value of less than 5 % of the total contract value and any sub-contractors not yet appointed. The Authority will assess whether or not this criterion is satisfied at the selection stage. In relation to the Services to be provided under this Contract, Potential Providers must confirm (in the Selection Questionnaire which is Attachment 2 of the ITT) if they have, or will have in place, prior to the Call Off Commencement Date, certification in the Standards set out below (the Standards are set out in Attachment 4a — Framework Schedule 2 (Part A: Goods and Services). — Cyber Essentials Plus Certification or equivalent (required 30 Working Days prior to the Call Off Commencement Date) https://www.gov.uk/government/publications/cyber-essentials-scheme-overview.