NORTH YORKSHIRE COUNTY COUNCIL INVITATION TO SUBMIT A QUOTATION FOR Invitation to quote for 3 e-learning modules Safeguarding Adults Awareness/Alerter level Mental Capacity Act Awareness Deprivation of Liberty Safeguards Awareness Ref: YORE-9CZFLF Closing Date: 15th November 2013 @ 12 noon Contact: Carole.Whiles@northyorks.gov.uk Sept 2012, Version 1 1. INTRODUCTON 1.1. North Yorkshire covers almost 2 million acres and geographically is the largest County in England and Wales. The County includes the towns of Harrogate, Selby, Skipton, Richmond and Scarborough as well as the City of Ripon and the County town of Northallerton. 1.2. North Yorkshire County Council (the Council) is based at County Hall in Northallerton and is responsible for a number of key services to the community including Education, Highways and Social Services, the Council employs approximately 20,000 staff who are based in premises across the County. Further information can be found on the Council’s website www.northyorks.gov.uk 1.3. PROJECT INTRODUCTION Invitation to quote for 3 e-learning modules, including hosting the e-learning modules on the supplier’s website. 1. Safeguarding Adults Awareness/Alerter level 2. Mental Capacity Act Awareness 3. Deprivation of Liberty Safeguards Awareness It must be one supplier for all modules, organisations which only meet the requirements of one or two of the modules are asked not to quote. 1.4. To enable you to submit a quotation, the following information is enclosed in this document: i) ii) iii) iv) v) vi) vii) 1.5. General Information Evaluation Criteria Specification/Project Brief Price Schedule Quality Questions Agreement Conditions of Contract COMPLETED QUOTATIONS ELECTRONICALLY TO: SHOULD BE SUBMITTED https://www.yortender.co.uk/procontract/supplier.nsf If you require further information, guidance or support using YORtender please contact the helpdesk; tel: 0844 5434580 or e-mail yorkshiresupport@due-north.com not NYCC. Suppliers should ensure that they allow enough time to submit their questionnaire response electronically. The Council will accept no responsibility for difficulties during the process of submission. Please ensure electronic documents are submitted in either Microsoft Word 2000, 2003, 2007 or PDF format. Your documents should not include embedded files. Each individual document must be less than 12Mb, and there is no requirement to zip files. 1.6. QUOTATIONS MUST BE RECEIVED NOT LATER THAN 15th November 2013 12 NOON (UK TIME). LATE SUBMISSIONS WILL NOT BE ACCEPTED. 1.7. Please study the documentation carefully. If you are in any doubt as to any technical aspects of the specification/project brief, or require clarification of any part of the document please use the “Discussions” section of the YORtender system to submit your question. 1.8. Firms are required to submit competitive prices strictly in accordance with the attached specification/project brief. No variation to this document or the contract terms and conditions contained within it will be accepted. 1.9. Firms must fully complete all parts of this document using the same question numbering format as used in this document and sign the declaration. Failure to provide a completed quotation in the required format may result in the quotation not being considered. 1.10. Freedom of Information - In accordance with Freedom of Information Act 2000, from January 2005, public organisations must respond within 20 working days to written requests for information from anyone. The information requested must be supplied unless it falls into specified categories of information which include: confidential, personal, trade secret, or information which would or would be likely to prejudice the Supplier’s or the Council’s commercial interests. These categories are exemptions under which information need not be disclosed. 1.11. It will be the Firm’s responsibility to state in their Quotation submission any information which they regard as confidential, personal information, trade secret or may prejudice their commercial interests and to discuss this with the Council prior to submission. 1.12. Firms are advised that information which falls into our agreed interpretation of the legal definition of confidentiality, personal information, trade secret or prejudice to their commercial interests may still have to be disclosed in some circumstances. For example, if there were very strong public interest reasons for disclosure, we may have to disclose trade secrets, or information that would, or would be likely to prejudice their commercial interests. The Council may be forced to make information public as a result of an appeal by a member of the public against our initial decision not to reveal information. The public can appeal through our internal complaints procedure and ultimately to The Information Commissioner’s Office, the government organisation responsible for enforcing the Act. 1.13. You will also need to provide with your quotation submission a contact within your firm to ensure that should we need to consult on an information request we can do this promptly. If we are unable to contact anyone to consult we may have to release the information to ensure that we remain within the 20 working days deadline. 1.14. Further detailed guidance on contracts with third parties, in particular confidentiality clauses and the implications of The Freedom of Information Act 2000 are available on the Council Website www.northyorks.gov.uk Please also see The Information Commissioners Office web site using the link from our web site or www.informationcommissioner.gov.uk 2 EVALUATION 2.1 The evaluation will be on the basis of the most economically advantageous submission as follows: 2.1.1The submission will be evaluated on both price and quality with a weighting of 40% on price and 60% on quality 2.1.2 The quality section asks questions which will assess certain aspects of the service and will be given a weighting of 60%. 2.1.3 The remainder of the evaluation 40% will be based on the price quoted in the pricing schedule. 2.2. The Council may request bid presentations as part of the bid clarification process to enable the Council to better understand a Supplier’s bid. Where such clarifications are required Suppliers will be notified and invited to attend at an agreed date and time. Please note – it may not be necessary to invite any or all bidders if no clarifications are required. The evaluation model is based on a total of 100% with a maximum of 40% being available to the lowest priced submission (price scores for other submissions will be scored proportionally to the lowest price) and a maximum of 60% available for quality. The submission with the overall highest score is the winning submission. Your submission is to be evaluated using: Evaluation Criteria Quality Accessibility Weighting 60% Threshold Reporting 20% Content 40% & Threshold Price 40% Total 100% E-learning packages must be made available for review and testing by the vendor before final award of contract. 2.3 Proposals received will initially be reviewed on the basis of compliance with the threshold requirements. For the avoidance of doubt, all threshold requirements must be achieved. 2.4 The answers provided for each question will be evaluated against the following the pre-determined criteria based on a point score of 0 to 5. The answer given being the closest match to the criteria will be awarded the appropriate corresponding points. The points allocated are pro-rata against the individual question percentage to derive a percentage per questions. These are then added together to give an overall percentage score for quality. 2.5 The quality section is evaluated using the following criteria: Points 0 1 2 3 4 5 Criteria No response to the question or the response is not considered relevant. The response is unconvincing, flawed or otherwise unacceptable. Response fails to demonstrate an understanding of the Council's requirements. The response provided is limited or contains aspects that are substantially irrelevant/inaccurate/ misleading or only partially addresses the question or contains ambiguities or deficiencies which could not be tolerated. The response is partially relevant but acceptable. It satisfactorily addresses some of the expectations and demonstrates a broadly satisfactory understanding of the requirement. The response may contain ambiguities or deficiencies which could be resolved before contract award. The response is relevant and acceptable, the evidence meets the majority of the required expectations although it may lack detail in certain areas. The response demonstrates an overall understanding of the Council's requirements. The response is comprehensive in terms of the evidence, detail and relevance and clearly meets the Council's requirements with no negative indications or inconsistencies. The response is excellent overall - the evidence provided is completely relevant and meets or exceeds the Council's requirements. A good understanding of the Council's requirements and demonstrates capability with no areas of concern. Please note that Financial Checks and Credit References may be followed up to determine supplier’s financial stability, prior to the award of the contract. 2.6 Scoring the cost The lowest priced submission shall be awarded 40% and submissions higher than this will be scored pro rata. For example if Supplier A bids the lowest price of £1000, and based on a price weighting of 40%, they would be awarded the maximum 40%. Supplier B quotes the next lowest price of £1200 they would be awarded 33% which is calculated as follows: £1000 ÷ £1200 x 100 = 83.3% 83.3% of the maximum of 40% = 33.3% Therefore, Supplier B is entitled to 33% of the available marks This process shall be followed for each bid received. 2.7 The Council will endeavour to reach a decision by 22nd November 2013. However, the Council is not bound to accept the lowest, or indeed any submission. 3. SPECIFICATION – SPECIFICATION / PROJECT BRIEF 3.1 Introduction Invitations to quote for the following provision and hosting of e-learning modules are invited from suppliers (contractors). The contract is for a 12 month period with the option to extend for up to a further 12 months. Safeguarding Adults Alerter/Awareness Mental Capacity Act Awareness Deprivation of Liberty Safeguard Awareness 3.2 Target audience The packages are to be made available to County Council employees, and all multi agency partners who support vulnerable adults in North Yorkshire. Therefore it is expected that the successful supplier will be able to demonstrate multi agency examples within the e-learning, particularly the safeguarding adults and mental capacity act modules. 3.3 Content As a minimum the Safeguarding Adults Awareness/Alerter module is required to include: An overview of safeguarding adults Identifying which adults are vulnerable What the different forms of adult abuse are The signs and symptoms of adult abuse Recognising where adult abuse may occur and who may be the abuser The actions to take if someone discloses an allegation of adult abuse Understanding when and how to record and report adult abuse Whistleblowing procedures The module must include a summative quiz to test knowledge There must be ability to print of an individual certificate, which includes the person’s name and their score from the summative quiz As a minimum the Mental Capacity Act module is required to include: The 5 principles of the Mental Capacity Act The capacity assessment, including the 2 stage capacity assessment Overview of how capacity can fluctuate and vary dependant on the complexity of the decision Overview of the role of the Independent Mental Capacity Advocate An overview of use of restraint and DoLS The module must include a summative quiz to test knowledge There must be ability to print of an individual certificate, which includes the person’s name and their score from the summative quiz As a minimum the Deprivation of Liberty Safeguard (DoLS) module is required to include: Background to DoLS, links to safeguarding adults Difference between a restriction of liberty and a deprivation Overview of the key terms in relation to DoLS Overview of DoLS referral, assessment, authorisation and review process Overview of the role of the Court of Protection Overview of the role of the IMCA The module must include a summative quiz to test knowledge There must be ability to print of an individual certificate, which includes the person’s name and their score from the summative quiz All the above e learning modules should have as standard: Clear learning objectives A quiz to test the learning Detail of the average time it takes to complete, with a book marking function allowing learners to go back into the course at a later stage Must conform to the W3C Web Content Accessibility Guidelines (www.w3.org/TR/WCAG20). Taking into account W3C Guidelines (above) ensure that the media is appropriate and not used gratuitously. Timings conform to WCAG guidelines 2.2 (see below). Different interactivity methods are used, including at least some of the following: o Logical identifier (to identify the truth of a given statement). o Connect the points (to establish a logical grouping or pattern). o String (filling in the blanks with text). o Numerical (filling the blanks with numbers). o Logical group (drag and drop). Rich media is used such as video, animation and sound. Text alternatives must be provided for non-text content (e.g. audio). Captions and alternatives for audio and video content must be provided Sufficient contrast must be used to make things easy to see and hear Functionality is keyboard accessible Users must be given sufficient time to read and use the content There must be no content used that causes seizures A help function must be included to help users to navigate and find content Text must be readable and understandable Content must appear and operate in predictable ways Learning must be able to be recorded on completion of the online learning package 3.4 Accessibility and Reporting Requirements In order to access the modules: North Yorkshire County Council (NYCC) staff require unique usernames and passwords / log ins per individual, which the vendor will set up in conjunction with the supplier For multi-agency partners, we require pre-set and generic usernames and passwords / log ins per agency All three e-learning modules must be fully accessible 24hrs a day, 7 days a week. The supplier will provide monthly reports, to the NYCC contract manager identifying, per e-learning package, the number of logins for that period and the number of completions for that period, per username and password. 3.5 Intellectual Property Rights Where the Contractor is asked to develop any material specifically for the Council, the Intellectual Property in that material shall vest in the Council, not the Contractor. Where the Contractor is using material they have developed previously the Intellectual Property will vest in the Contractor, not the Council. 3.6 Contract Management The successful contractor should allocate a key contact to manage the account with the Council, and a key contact to administrate dealings with the Council. In the case of sole traders this may be the one and same person. The contractor may be required to deal with a variety of managers across the organisation according to training requirements. Key performance indicators and account review processes will be managed by an overall Contract Manager. The Key Performance Indicators for the Service are: i) Timely reporting – 100% of reports of completions per username and login, per package, per month, are provided to the contract holder within 2 weeks of the subsequent month (i.e. report for January is received by 14th February) ii) Performance rating for the packages will form part of the Safeguarding Adults Board annual customer survey for all safeguarding adults training, of which the e-learning will be a part: 80% of the sample users rate their overall satisfaction per e-learning packages as good or excellent. The survey will be part of a wider survey and be a sample only. iii) Any other KPI’s which the Council may, in its sole discretion, from time to time introduce. If the Service fails to meet any one or more of the Contract Standards over the course of two successive months/surveys the Contractor will provide the Council with a service credit equal to 40% of the fee per e-learning module affected. The provider must make themselves available to attend formal review meetings as requested by the Council’s Contract Manager to be held at County Hall offices, Northallerton, North Yorkshire. 3.7 Administration A Council Workforce Development contact will liaise with the trainer / account manager to determine all e-learning module course details and arrangements. The Council will not provide accommodation, travel and subsistence expenses for attendance at any contract meetings. Prices provided in the pricing schedule must be inclusive. Evaluation of the learning will be done by the Council and additional feedback should not be gathered by the training provider, unless agreed otherwise. This information will be provided to the training provider as part of the contract management process. 4. PRICE SCHEDULE 4.1 Please provide a price to cover the delivery of the requirements as stipulated in the schedule below, variations cannot be accepted. If you do not charge for any of the requirements below, please put n/a in the respective box. Cost per unit £ Cost for provision (and hosting) of all 3 modules based on 250 licences/logins Cost for provision (and hosting) of all 3 modules based on 500 licences/logins Cost for provision (and hosting) of all 3 modules based on 1000+ licences / logins Cost of provision of monthly reports No of Total Cost £ units 250 500 1000+ Development cost of all 3 modules 3 Annual fee 1 Cost of updating/refreshing the modules TOTAL COST Total project cost £ N.B. All prices should exclude VAT 4.2 The pricing will be held for the duration of the order. 5. DECLARATION I/We hereby offer to provide the services as specified in the Price Schedule in accordance with the Council’s Conditions of Contract contained in this document. Signed ........................................................................................... Name (Block Capitals) ........................................................................................... Designation ........................................................................................... For and on behalf of ........................................................................................... ........................................................................................ Tel. …………………………………….… Fax………….………………………………… E-mail address ……………………………………………………………………………. 6. QUALITY Please provide answers to the following questions. If you wish to provide supplementary documents or appendices, please ensure they are clearly labelled as to which question they relate to. Ques 1. Ans: 2. Ans: 3. Weighting % (60% in total) ACCESSIBILITY Please confirm that each module includes the availability of Threshold generic use usernames and logins for use by mule-agency partners as described in 3.4 Yes / No Please confirm that each module includes the availability to Threshold assign individual usernames and logins for NYCC staff as described in 3.4 Yes / No REPORTING Please provide a sample report demonstrating our reporting 20% requirements as detailed in 3.4 Ans: 4. CONTENT Please provide a storyboard / session plan detailing how each 20% module meets the content requirements stipulated in 3.3 Ans: 5. Ans: Please provide details of the summative assessment (with a 20% pass rate) for each module. 6. Ans: 7. Ans: Please confirm that learners will have the ability to print off an T individual certificate on successful completion of each module Yes / No Please confirm that E-learning packages will be available to be T tested by the vendor before final award of contract. Yes / No 7 The Agreement NB: This is the form of Agreement the successful supplier will be required to sign. It is included here for information; you do not need to complete it now. Date: The Council NORTH YORKSHIRE COUNTY COUNCIL of County Hall, Northallerton, North Yorkshire, DL7 8AD The Contractor BACKGROUND i. The Council has invited quotations for the provision of fundraising and income generation in the school environment. ii. The Contractor has submitted a quotation which has been accepted by the Council for the Service. THE AGREEMENT 1. The following documents are incorporated into this Agreement: a) The Quotation accepted by the Council (including all the documents referred to in the Quotation). b) The Contract Conditions. c) The Specification. 2. The documents in 1 are termed "the Contract Documents". 3. In consideration of the amounts to be paid for the [service/goods/works by the Council in accordance with the Contract Documents the Supplier agrees with the Council to provide the Service to the Council’s satisfaction in accordance with the Contract Documents. SIGNED by duly authorised signatories of the Council and the Supplier respectively. for the Council for the Supplier …………………………………………… ………………………………………….. ............................................................. Print Name ............................................................ Print Name QUOTATION TERMS AND CONDITIONS - SERVICES 1. In these conditions: “Council” means North Yorkshire County Council “Conditions” means these terms and conditions “Service” means the service supplied under the Contract “Contract” means the agreement for the Service between the Council and the Supplier “Supplier” means the supplier of the Services 2. English law applies to the Contract. 3. These conditions apply to all purchases of Services by the Council from the Supplier. All other terms and conditions are excluded including any terms and conditions which the Supplier may attempt to apply under any sales offer or other documents. Delivery of services by the Supplier to the Council shall be deemed to be conclusive evidence of the Supplier’s acceptance of these conditions. 4. No variation of these conditions shall be effective unless agreed in writing between the Council and the Supplier. 5. Services must be of the type and quality specified in the Contract. 6. Services shall be provided to such standards, at such times and in such a manner as the Council may direct and with all the skill, care and diligence to be expected of a competent provider of services of a similar kind to the Service. 7. If the Supplier does not deliver the Service within the time specified in the Contract the Council may terminate the Contract. 8. The Supplier shall not assign or sub-contract the Service (in whole or in part) without the Council’s agreement. 9. The Council may cancel the Contract immediately if the Supplier becomes bankrupt, has a receiver appointed, goes into liquidation or if the Supplier is guilty of any offence under relevant Prevention of Corruption legislation. 10. Where a price is specified in the Contract the price actually chargeable must not exceed it. 11. The Supplier must comply with every relevant legal requirement (including EU and UK standards) relating to the services supplied. 12. The Council may set off against the price any amount due from the Supplier under this or any other Contract. 13. Except where otherwise agreed by the Council, the invoice will be paid by BACS and the remittance advice sent by email or fax. The Supplier shall provide details of its bank account and email address or fax number to the Council no later than the time of submitting the invoice relating to this Contract. 14. Undisputed invoices shall be paid by the Council within 30 days of receipt. 15. The Supplier shall comply with all relevant anti-discrimination legislation, including but not limited to, the Disability Discrimination Act and Equality Act 2010. The Supplier shall adhere to the Council’s Equal Opportunities Policy at all times when working with the Council. 16. Health and Safety The Supplier shall comply with the requirements of the Health and Safety at Work Act 1974 so far as they apply to the provision of the Service and throughout the Contract Period the Supplier shall have in place a health and safety policy which complies with all statutory requirements. 17. Data Protection The Supplier’s attention is drawn to the Data Protection Act 1998 (‘DPA’). 18. Indemnity and Insurance The Supplier shall indemnify the Council against all actions, claims, damages, costs and other expenses in relation to the injury to, or death of, any person, and loss of, or damage to, any property, real or personal which is attributable to the negligent act or default of the Supplier in connection with the Service. The Supplier shall take out and maintain insurance against its liabilities under this condition for the minimum sum of £5 million in respect of any one incident. The Supplier must take out and maintain employer’s liability insurance in a minimum amount for each and every claim, act or occurrence or series of claims, acts or occurrences which complies with statutory requirements (which at the date of this Contract is £10 million). The Supplier must have professional indemnity insurance in an amount for each and every claim, act or occurrence or series of claims, acts or occurrences which is sufficient to cover its liabilities under this Contract. The Supplier shall supply to the Council on request copies of all insurance policies, cover notes, premium receipts and other documents necessary to establish compliance with Condition. 19. DBS Checking The Supplier shall carry out all necessary checks with the Disclosure and Barring Service on all staff employed or (if any) volunteers engaged to provide or supervise the provision of the Service if this is a statutory requirement.