ITT Cannock Outdoor Wedding Receptions Invitation to Tender for Cannock Outdoor Wedding Receptions Licence and Business Opportunity Reference No: COWR/Can/15-16 Invitation To Tender Ref: COWR/Can/15-16 1. Introduction You are invited to submit a tender (“ITT”) by the Forestry Commission (“FC”) for the opportunity to operate a Licence for Cannock Outdoor Wedding Receptions, their professional advisers and other parties essential to preparing a tender for this opportunity and for no other purpose. 1.1 The Business Opportunity Cannock Chase Forest is situated within the county of Staffordshire and is approximately 20 miles north of Birmingham. Cannock Chase is an AONB and is 26 square miles in size attracting around 2.3 million day visits per year. The Forestry Commission manages 4571 hectares (>40% of the total) of woodland and open space within the AONB. The Forestry Commission also manages a high quality visitor attraction called Birches Valley forest centre. The Forest centre hosts around 350,000 visitors each year with many people enjoying the recreational facilities which include adventurous play, orienteering, off road cycling and walking trails. The site hosts a number of third party businesses including café, cycle centre, Go Ape high wires courses and Segways. Birches Valley has developed further as a visitor attraction offering a wide variety of activities and events including Forest Live concert programme and Christmas tree Sales. Located around 1 mile from the Birches Valley Forest Centre there is a large lightly wooded open space known locally as “Tackeroo”. This site is used for a variety of activities such as organised sporting events, camping, theatre, and private functions. The site benefits from having hard standing for parking and drinking water provisions, allowing large events to take place without impacting visitors to the nearby Forest Centre. This is the site that is being made available for this Cannock Outdoor Weddings opportunity. We are looking for partners who will provide a high quality customer experience, whilst maximising the business opportunity. We are looking for a wedding/event organiser to provide outdoor ‘party’ or ‘festival’ style wedding receptions or similar celebrations at Cannock Forest. Any partner will need to work proactively with us, alongside the existing businesses on site to provide new experiences, attract new audiences and ultimately new income streams to Cannock Forest. We are looking for a business to provide an innovative and exciting Cannock Outdoor Wedding Receptions experience to compliment Cannock Forest. | 2 | Invitation To Tender Ref: COWR/Can/15-16 In recent years Cannock Forest has offered Outdoor Weddings as part of the attraction. The successful bidder will be able to start taking bookings for the first term on the licence as soon as the licence has been awarded. We would be looking to award the licence within a couple of months of scoring this tender. However this may be subject to change. We will always consider equality when conducting our procurement activities. We require you to meet your duties under the Equality Act 2010 and ask for evidence that you are aware of and operate in accordance with those requirements. The FC is using a process based on the principles of the restricted procedure under the Public Contracts Regulations 2006 (as amended) for this business opportunity. However, the contract is formally exempt from the application of the Public Contracts Regulations 2006 (as amended) and therefore they do not apply. More information about the Forestry Commission is available on our website at www.forestry.gov.uk. 2. Type and term of Licence We are looking for a commercial operator who will work with us to build a distinctive high quality Cannock Outdoor Wedding Receptions offer that both complements and enhances the wider visitor experience as well as raising revenue to support Cannock`s non-commercial work. We will be awarding a Licence for Cannock Outdoor Wedding Receptions. The single Licence is for a period of four plus five years. A full copy of the Licence is enclosed with this ITT. You should note that the Licence will form the contract between the FC and the successful bidder. If you are successful you will be required to enter into the Licence on the terms specified. Variations or amendments to the Licence will not be considered and the FC will not enter into any negotiations. At this ITT stage, bidders will be required to confirm their agreement to the form of Licence (please see Part G) – failure to do so may lead to the disqualification of the bidder from the process. Included (and enclosed) as part of the Licence are Management Regulations and a Key Performance Indicator document. Both these documents will be referenced in the Licence and will be regularly used and reviewed throughout the Licence period to monitor performance. Performance against these documents will inform the Forestry Commission’s decision to retender or renew the Licence at expiry of the term. If the decision is made to renew the Licence a further 5 year term may be granted. However, the Forestry Commission reserves the right to fully retender the business opportunity at the end of the initial Licence period. | 3 | Invitation To Tender Ref: COWR/Can/15-16 3. Timetable, enquiries and return arrangements 3.1 Timetable Set out below is the proposed procurement timetable. This is intended as a guide, and while we do not intend to depart from the timetable, we reserve the right to do so. Stages Dates Site Visit 6th January 2016 Closing date and time for questions 14th January 2016 Closing date and time for Tender submission 18th January 2016 Interview days 21st January 2016 Expected Notification of Intent to Award 25th January 2016 Expected Start Date (working with the FC) 8th February 2016 Bookings can be taken for the period from: 1st January 2017 3.2 3.2.1 Clarification, Viewing Day and Interviews Clarification Once we have evaluated the tender submissions, we may need more clarification, and we may ask for this as additional information. The purpose is to further explore information you have provided in your submission. 3.2.2 Viewing day Cannock is open all year round. Bidders will be invited to attend a viewing day to help understand more about the requirements of the Licence and the business opportunity available. The bidder viewing day will take place on the date specified in the timetable at Section 3.1 above and bidders should contact the person named in the covering letter to confirm their attendance and receive further details. | 4 | Invitation To Tender Ref: COWR/Can/15-16 3.2.3 Interview Days We invite bidders to attend an interview at Cannock as specified in Section 3.1 above. For the avoidance of any doubt, the clarification interviews will not be a scored element of the tender process. The purpose of these interviews will be to confirm the FC’s understanding of the Bidders’ tender submissions. However, the FC does reserve the right to adjust bidder’s scores depending on the outcome of any clarifications given. Bidders should note that the FC will be under no obligation to seek clarification of any aspect of the tender response that is not clear. We expect interviews to last for approximately 1 hour. Each interviewee will be asked to make a 10 minute presentation about their submission but this aspect will not form part of the scoring mechanism and will be used to clarify the FC’s understanding of the overall submission only. 3.3 Enquiries Please send all enquiries in writing or by email quoting the contract number printed at the front of this document by the deadline set out in section 3.1 to: Forestry Commission – C/O Lindsey Wright Lady Hill, Birches Valley, Rugeley, Staffordshire, WS15 2UQ Email: lindsey.wright@forestry.gsi.gov.uk All questions considered by the FC to be non-commercial and/or not commercially sensitive will be formally distributed to all bidders. As a matter of course, the identity of the enquirer will be protected. Where a bidder views any query as confidential (particularly where it believes that the release of the query to other bidders may reveal commercially sensitive or confidential information or a trade secret) the following procedure will be adopted: if a bidder believes that a query is of a confidential or commercially sensitive nature, then it must be marked as such; if the FC considers, in its absolute discretion, that it is able to treat the query on a confidential basis, then it will do so; if the FC considers, in its absolute discretion, that it is unable to treat the query on a confidential basis having regard to current guidance and legislation, then it | 5 | Invitation To Tender Ref: COWR/Can/15-16 will notify the bidder of its decision and the bidder will have the opportunity to withdraw the query; and if the bidder does not withdraw the query then the query and its answer will, where appropriate, be released to all bidders. 3.4 Return arrangements Please return your completed tender as: four paper copies by post or hand delivered, and one copy on disk or USB type storage device in a read only format Please note that we do not accept fax or email copies. We must receive your completed tender before the closing time shown in the Timetable at Section 3.1. We will keep tenders received before this deadline unopened until after this time. We reserve the right not to consider any tenders we receive after the deadline. Please be aware that tenders may be copied for our use. Mark your envelopes with the words: ‘Tender for Cannock Outdoor Wedding Receptions Ref No COWR/Can/15-16 Not to be opened until 1200hrs 26th January 2016.’ Submissions may be excluded if you do not mark the envelope in this way. Only one tender submission is permitted from each bidder. In the event that more than one is submitted by a bidder the one with the latest time of submission (prior to the deadline given) will be evaluated and the other(s) disregarded. Please send your completed tender documents to the following address: Forestry Commission – C/O Lindsey Wright Lady Hill, Birches Valley, Rugeley, Staffordshire, WS15 2UQ | 6 | Invitation To Tender Ref: COWR/Can/15-16 3.5 Completing the ITT All Bidders must answer every question. Warning: Please note that if you fail to answer any question, the FC may reject your submission in full and will not evaluate any further questions. Bidders are advised to satisfy themselves that they understand all of the requirements set out in this ITT, Management Regulations KPIs and Licence before submitting their tender. If you are unable or unwilling to comply with the FC’s requirements as set out in this ITT, Management Regulations KPIs and Licence, or you decide not to participate in the process, you are required to destroy this ITT and all associated documents immediately (and any copies of all or any part thereof or extracts therefrom) and not to retain any electronic or paper copies. Formal notification if adopting this position is requested. The tender should not be qualified in any way. 3.6 Supporting documents Your organisation will only be evaluated based on the information in your tender and the clarification interview. Please do not send any information that is general company or promotional literature, as this will not form part of our evaluation. Any additional documents you provide must refer to a question within the ITT and be easily identifiable as the answer. 3.7 Costs All costs associated with participating in this process remain your responsibility in all circumstances. We will not return any part of your completed tender to you. 3.8 Right to cancel or vary the process We reserve the right to cancel or withdraw from the evaluation and award process at any stage or to vary or amend the tender process at any point. The FC reserves the right not to award the Licence for any reason. 3.9 Confidentiality You must treat all information we supply to you in confidence. Do not disclose it to third parties unless you need to obtain sureties or quotations for submitting your response. | 7 | Invitation To Tender Ref: COWR/Can/15-16 The FC is subject to the Freedom of Information Act 2000 (“Act”) and the Environmental Information Regulations 2004 (“EIR”). As part of the FC’s duties under the Act or EIR, it may be required to disclose information concerning the procurement process or the proposed contract(s) to anyone who makes a reasonable request. If the bidder considers that any of the information is commercially sensitive (meaning it could reasonably cause prejudice to the bidder if disclosed to a third party) then it should be clearly marked as "Not for disclosure to third parties”, together with valid reasons in support of the information as being exempt from disclosure under the Act and the EIR. The FC will endeavour to consult with the bidder and have regard to comments and any objections before it releases any information to a third party under the Act or the EIR, however, the FC shall be entitled to determine in its absolute discretion whether any information is exempt from the Act and/or the EIR or is to be disclosed in response to a request of information. The FC must make its decision on disclosure in accordance with the provisions of the Act or the EIR and can only withhold information if it is covered by an exemption from disclosure under the Act or the EIR. 3.10 Language The completed tender and all accompanying documents must be in English or a full English translation must be provided at no cost to the FC. 3.11 Applicable Law The Licence that will be entered into as a result of this ITT will be governed by English law. 3.12 Financial Offer The financial offer should be in sterling and exclusive of VAT. 3.13 Additional costs Once we have awarded the Licence, we will not pay any additional costs incurred. The successful bidder must pay its own legal fees in relation to the Licence. 3.14 Disclaimer While the information in this ITT and supporting documents has been prepared in good faith by us, it may not be comprehensive nor has it been independently verified. | 8 | Invitation To Tender Ref: COWR/Can/15-16 Neither the FC, nor their advisors, nor their respective directors, officers, members, partners, employees, other staff or agents: makes any representation or warranty (express or implied) as to the accuracy, reasonableness or completeness of this ITT; or accepts any responsibility or liability for the information contained in the ITT or for the fairness, accuracy or completeness of that information, nor will any of them be liable for any loss or damage (other than in respect of fraudulent misrepresentation) arising as a result of relying on such information or any subsequent communication. The contents of this document, and that of any other documentation sent to you by the FC in respect of this process, are provided on the basis that they are and shall remain the property of the FC, must be returned on demand and must be treated as confidential. If you are unable or unwilling to comply with this requirement you are required to destroy this document and all associated documents immediately and not to retain any electronic or paper copies. Nothing in this document shall be taken as constituting an offer, contract (whether implied or otherwise), investment advice or any agreement between the FC and any other party. Nothing in this document or this procurement process is intended to or creates an implied contract between the parties that the FC will review any tender received. Any award of the Licence is subject to all requisite FC approvals and the FC being generally able to proceed. If there is any change to the bidder’s standing since the ITT stage which means that (a) information submitted by the bidder at ITT stage is no longer correct, or (b) the bidder’s ability to perform the contract materially deteriorates, the bidder shall immediately inform the FC in writing. If there is any change in the information provided by the bidder the bidder shall immediately inform the FC and seek approval in advance for such change. If such approval is not obtained, the FC reserves the right to disqualify the bidder. The bidders and their consultants and advisers must not at any time release or make any statements to any third party relating to this process without the prior written consent of the FC, including the FC’s consent as to the content of the publicity. 3.15 Inducements Offering an inducement of any kind in relation to obtaining this or any other Licence with us will disqualify you from being considered and may constitute a criminal offence. | 9 | Invitation To Tender Ref: COWR/Can/15-16 3.16 Licence management If we award the Licence to you, you will have to comply with all of the requirements of the Licence, Management Regulations and Key Performance Indicators. 3.17 Conflicts of Interest Where there is any indication that a conflict of interest exists or may arise then it shall be the responsibility of the bidder to inform the FC detailing the conflict in writing. The FC will be the final arbiter on cases of potential conflicts of interest. Failure to notify the FC of any potential conflict of interest will invalidate any verbal or written agreement. Consortia arrangements If you are bidding as a consortium, you must provide the following information: full details of the consortium; and the information we ask for in this ITT for each of the consortium’s constituent members as part of a single complete response. You should provide details of the actual or proposed percentage shareholding of the constituent members within the consortium in a separate Annex. If as a consortium you are not proposing to form a corporate entity, please provide full details of alternative proposed arrangements in the Annex. However, please note we reserve the right to require a successful consortium to form a single legal entity before contract award. We recognise that arrangements about consortia may (within limits) be subject to future change. You should therefore respond in the light of current arrangements. We remind you that you must tell us about any future proposed change to your consortia and seek approval in advance for such change so we can make a further assessment by applying the selection criteria to the new information you provide. If such approval is not obtained, the FC reserves the right to disqualify the bidder. Sub-contractors Where you propose to use sub-contractors, please give all the information we ask for about the prime contractor. Where sub-contractors will play a significant role in the delivery of the services or products, please show in a separate Annex (by inserting the relevant company or organisation name) the composition of the supply chain, showing which member of the supply chain will be responsible for the elements of the requirement. | 10 | Invitation To Tender Ref: COWR/Can/15-16 4. 4.1 Evaluation and award Evaluation We will objectively evaluate responses to this ITT using the evaluation matrix at Section 4.5 Some questions in this ITT are pass/fail and are fundamental requirements of the process. The pass/fail questions are identified in section 4.6. If you do not answer any one of these questions appropriately, we reject your submission in full and will not evaluate any further questions. 4.2 Compliance The information supplied in each tender submission will be checked for completeness and compliance before responses are evaluated and the FC may disqualify your tender submission if you fail to: pass a pass/fail question or section provide a satisfactory response to any questions in this ITT or inadequately or incorrectly complete any question; submit a completed ITT by the deadline. Bidders who pass such compliance checks will be invited to attend an interview to clarify aspects of their tender submission (please see section 3.2.3 above). 4.3 Award Once we have carried out the evaluation and identified the successful bidder, we will tell you in writing by email or post of our intention to award. 4.4 Debriefing We will give all bidders the opportunity of a debriefing. Please tell us in writing as soon as possible if you want a debriefing. We will provide a formal debrief within 15 calendar days of receiving a request. | 11 | Invitation To Tender Ref: COWR/Can/15-16 4.5 Evaluation matrix Section Title A Form A – Organisation and Contact Details A Weight Agreed Marking Criteria Mandatory Completion of this Section is mandatory and is for our information only. We may confirm company identity and basic details with external bodies. Failure to complete this section may result in the bidder being disqualified from the process. Form B – Grounds for Mandatory Rejection Pass/Fail If you answer ‘Yes’ to any questions relating to mandatory rejection you will fail this section and your submission will not be evaluated any further. A Form C – Grounds for Discretionary Rejection Pass/Fail If you answer ‘Yes’ to any questions relating to discretionary rejection you may fail this section. However we will look for information from you that clearly indicates that you have resolved any past conduct or problem and taken steps to prevent it recurring. If we are satisfied that this is the case, you will pass this section. B Financial Pass/Fail You must be able to provide the financial evidence set out in section B. The key objective is for us to analyse your financial position and determine the level of risk that it would present to us – having regard to the requirement, value and the nature of the business opportunity. Where the overall risk to the Forestry Commission is calculated to be ‘High’ then you will fail this section. C Health and Safety Pass/Fail You must provide the information we have requested in Section C. D Insurance Details Pass/Fail You must have the required levels of insurance as requested in Section D. If you do not have these, you must confirm that you will get them if successful, before the contract start date. Failure to confirm this may result in the bidder being disqualified from the process. | 12 | Invitation To Tender Ref: COWR/Can/15-16 Section Title Weight Agreed Marking Criteria E Specific Questions Weight E1 Business Plan Each question will be scored from a possible 0-4, as set out below. The scores will then be multiplied by the weighting to give a total possible score of 100%. E2 40% 0 – No response /totally inadequate Experience –yours 20% No response or an inadequate response. 1 – Major Reservations or constraints E3 Experience – staff 10% E4 Show capacity 10% E5 Capacity 10% The response simply states that the bidder has the capability to meet some of the requirements set out in the question but have not given information or detail on how they have done this. 2 – Some Reservations or Constraints Bidder has provided some information regarding their capability to meet most of the requirements as set out in the question or scope of supply. There is some doubt in their ability to consistently meet the full range of requirements. 3 – Fully Compliant E6 Quality 10% Bidder has provided detailed information covering all elements of the question or scope of supply. This gives full confidence in their ability to consistently meet the full range of requirements. 4 – Exceeds Requirements Bidder meets the required standard in all respects and exceeds some or all of the major requirements F Referees G Terms and Conditions of Lease Pass/Fail Pass/Fail | You must provide referees relevant to the subject of this Licence opportunity. The number of referees you provide should be the number we asked for in Section F. When contacting references we will be looking to confirm relevant experience and business track record. You must accept our terms and conditions of Licence. If you do not accept the terms and conditions of Licence or accept with qualifications, this will amount to a ‘fail’. If you 13 | Invitation To Tender Ref: COWR/Can/15-16 Section Title Weight Agreed Marking Criteria accept the terms and conditions of Licence without qualification, this will amount to a ‘pass’. H Declaration Pass/Fail You must sign the declaration. Failure to do so may result in the bidder being disqualified from the process. | 14 | Invitation To Tender Ref: COWR/Can/15-16 5. Your Response In order to submit a bid for this requirement you must complete and return the following sections to the address detailed at Section 2.4 by the time and date detailed in the timetable at Section 2.1. Part A – Form A: Organisation and Contact Details Part A – Form B: Grounds for Mandatory Rejection Part A – Form C: Grounds for Discretionary Rejection Part B – Financial Part C – Health and Safety Part D – Details of Insurance Policies Part E – Specific Selection Questions Part F – Referees Part G - Terms and Conditions of Licence Part H – Declaration | 15 | Invitation To Tender Ref: COWR/Can/15-16 Part A – Form A - Organisation and Contact Details Organisation Details Question Your Answer A1 Full name of organisation tendering (or of organisation acting as lead contact where a consortium bid is being submitted). A2 Registered office address. A3 Company or charity registration number. A4 VAT Registration number. A5 Name of immediate Parent Company. A6 Name of ultimate Parent Company. A7 Type of organisation. i) a public limited company ii) a limited company iii) a limited liability partnership iv) other partnership v) sole trader vi) other (please specify) A8 Length of time your business has been operating. A9 Please state whether there is any potential conflict of interest in relation to this | No Yes 16 | Invitation To Tender Ref: COWR/Can/15-16 Organisation Details Question Your Answer Licence, for example if any of those involved with the Licence share private interests with anyone within the FC. Examples include freemasonry, membership of societies, clubs and other organisations, and family. A10 Consortia and Subcontracting. If you have answered “YES” please give details. a) Your organisation is bidding to provide the requirement itself b) Your organisation is bidding in the role of Prime Contractor and intends to use third parties to provide some services c) The potential Provider is a consortium If your answer is (b) or (c) please indicate in a separate annex (by inserting the relevant company or organisation name) the composition of the supply chain, indicating which member of the supply chain (which may include the Potential Provider, solely, or with other providers) will be responsible for the elements of the requirement. Contact Details – Contact details for enquiries relating to this process A11 Name A12 Address, including country and postcode A13 Phone A14 Mobile A15 Email | 17 | Invitation To Tender Ref: COWR/Can/15-16 Part A – Form B – Grounds for mandatory rejection Important Notice: In some circumstances we are required by law to exclude you from participating further. If you cannot answer ‘no’ to every question in this section it is very unlikely that your application will be accepted and the FC reserves the right to reject the application at their absolute discretion. Please state ‘Yes’ or ‘No’ to each question. Has your organisation or any directors or partner or any other person who has powers of representation, decision or control been convicted of any of the following offences? Answer (a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA; (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; (c) the offence of bribery, where the offence relates to active corruption; (i) bribery within the meaning of section 1 or 6 of the Bribery Act 2010; (d) fraud, 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, within the meaning of: (i) the offence of cheating the Revenue; (ii) the offence of conspiracy to defraud; | 18 | Invitation To Tender Ref: COWR/Can/15-16 (iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978; (iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 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; or (vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969; (viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; (ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006; (e) money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002; or (i) 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 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996; (ii) 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; (f) any other offence within the meaning of Article 45(1) of Directive 2004/18/EC as defined by the national law of any relevant State. | 19 | Invitation To Tender Ref: COWR/Can/15-16 Part A – Form C – Grounds for discretionary rejection Important Notice We are entitled to exclude you from consideration if any of the following apply and reserve the right to do so, but may decide to allow you to proceed further following consideration of the details provided at our absolute discretion. If you answer Yes’ to any question in this section it is very unlikely that we will accept your application, and you should contact us for advice before completing this form. In the event that any of the following do apply, please set out (in a separate Annex) full details of the relevant incident and any remedial action taken subsequently. We will take into account the information you provide when considering whether you will be able to continue with this exercise. Please state ‘Yes’ or ‘No’ to each question. Is any of the following true of your organisation? (a) being an individual, is a person in respect of whom a debt relief order has been made or is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order or a debt relief restrictions order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state; (b) being a partnership constituted under Scots law, has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate; or (c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has passed a resolution or is the subject of an order by the court | 20 | Invitation To Tender Ref: COWR/Can/15-16 for the company's winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company's business or any part thereof or is the subject of the above procedures or is the subject of similar procedures under the law of any other state; Has your organisation (a) been convicted of a criminal offence relating to the conduct of your business or profession; (b) committed an act of grave misconduct in the course of your business or profession; (c) failed to fulfil obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which you are established; (d) failed to fulfil obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which you are established; (e) been guilty of serious misrepresentation in providing any information required of you under Regulation 23 of the Public Contracts Regulations 2006 or has not provided such information in response to a request by the FC; or (f) and/or any of your contractors had a gangmasters licence refused or revoked for any reason in the past. | 21 | Invitation To Tender Ref: COWR/Can/15-16 Part B – Financial Economic and Financial Standing Regulation Weighting: This is a Pass/Fail Section B1 What was your turnover in each of the last two financial years (if you are a consortium please state aggregated turnover)? £………… for year ended --/--/-- £……… for year ended --/--/---- B2 Please provide as much as possible of the following set out below: A statement of your turnover, profit and loss account and cash flow for the most recent year of trading. A statement of your cash flow forecast for the current year and a bank letter outlining the current cash and credit position. Alternative means of demonstrating financial status if trading for less than a year. The Forestry Commission reserves the right to ask for clarification on any financial information provided. | 22 | Invitation To Tender Ref: COWR/Can/15-16 Part C – Health and safety This section allows us to assess your competency for health and safety. We have provided some guidance to help you understand the requirements for each area. You may also find it useful to refer to the Health and Safety Executive (HSE) website for some guidance before completing this section. You can find this here: http://www.hse.gov.uk/. General health and safety questions Question 1 Yes No Does your organisation have a written Health and Safety Policy? Note: if your organisation has less than 5 employees, the Forestry Commission still requires you to have a written Health and Safety Policy. 2 Please provide details of the health and safety training you provide to employees, relevant to this contract. If you do not provide any training, please tell us why this is not necessary. From your answer we will decide whether the training is appropriate or required for this contract. . Your responses should include: • basic statement on safety awareness; • organisational structure; • processes you have to make sure staff are up to date on health and safety requirements; and • details of how you monitor this. | 23 | Invitation To Tender Ref: COWR/Can/15-16 Competence and qualifications 3 Do the employees, contractors and, or, sub-contractors who will deliver the event service if successful hold the following qualifications or certification for the following? Add or delete as appropriate. Food Safety to ruling legislative requirement Health and safety (including COSHH, First Aid at Work) Service delivery/customer care Electrical installations Yes No Accident records and reporting 4 Please provide evidence that you have a process to record accidents. | 24 | Invitation To Tender Ref: COWR/Can/15-16 Part D – Details of insurance policies Weighting: This is a Pass/Fail Section You must either confirm that you have these levels of insurance in place for each and every claim rather than on an aggregate basis or, alternatively, undertake that should you be awarded the Licence that such levels of insurance will be available to you and that you undertake to maintain these levels of insurance for the duration of the Licence. Insurance Policy Indemnity Value (£) Employers Liability (This is a legal requirement. There are a small number of exceptions. Please refer to HSE Guidance HSE 40 Employers Liability Compulsory Insurance Act 1969) Min £5m per claim Public Liability Min £5m per claim Yes No Will secure if successful If you do not undertake to secure the stated levels of insurance, we will not consider your submission. | 25 | Invitation To Tender Ref: COWR/Can/15-16 Part E - Specific Questions Question E Your offer, capability and experience E1 Business plan Weight % Please provide an outline Business Plan specifically for the Cannock Outdoor Wedding Receptions business opportunity. In your Business Plan we recommend you provide information on the areas listed below. In assessing your responses we will be judging: a. how your answer fulfils our expectations b. how you meet the requirements of the Equality Act 2010, and c. how you will meet all the requirements set out in any required licences, permits, relevant planning or other necessary consents. Staffing: Detail your proposed staffing structure for the whole process of delivering the events from booking, set up, overnight security and take down. Customer satisfaction: Detail your plans for achieving high levels of customer satisfaction. Innovation: Use this section to explain any plans you have for business innovation for example special events, new partnerships. Working relationships: describe how you will work with the Forestry Commission and other site partners and detail any support you would require from either. Environmental – outline your environmental policy and your approach to reducing your environmental impact both locally (ie ground in wet weather) and globally in terms of sustainability. Health and Safety at events – Detail how your plans will meet require standards for event management including the Purple Guide. E2 Experience | 26 | 40% Invitation To Tender Ref: COWR/Can/15-16 Please provide details of your event/wedding reception/celebration management experience including relevant examples of your work in the past five years. Where you refer to event/wedding reception/celebration management work carried out on behalf of a particular organisation, include this organisation as one of your referees. Where there are gaps in levels of professional experience in event/wedding reception/celebration management, please indicate what these are and explain how you will overcome these shortcomings. Where possible please provide testimonials from previous customers. E3 Experience Provide details of the experience of the key personnel who will be involved in delivering this contract – you should provide a brief outline of their qualifications and experience in event/wedding reception/celebration management E4 10% Capacity Demonstrate that you have the capacity and resource to meet the requirements of this Licence, and that you will continue to do so throughout the Licence period. E5 20% 10% Capacity Do you have, or are you in the process of bidding for, any other significant business opportunities that could impact on your capacity to deliver the requirements of this Licence at Cannock. | 27 | 10% Invitation To Tender Ref: COWR/Can/15-16 If yes, provide an outline of the measures you will use to make sure that you can still deliver this contract and to specification. E6 Quality Provide details of the processes you use to monitor, evaluate and maintain quality of service. | 28 | 10% Invitation To Tender Ref: COWR/Can/15-16 Part F – Referees Weighting: This is a Pass/Fail Section Please provide details of three referees from either the public or private sector; these should be relevant to our requirement. The referee should be prepared to speak to the Forestry Commission to confirm your past experience and business track record. Note that where possible referees should not be linked to the FC and that we may contact your referees without telling you again. F1 Referee 1 Organisation name: Contact name, phone number and email Brief description (max 150 words) describing your business relationship to this referee. F1 Referee 2 Organisation name: Contact name, phone number and email Brief description (max 150 words) describing your business relationship to this referee. | 29 | Invitation To Tender Ref: COWR/Can/15-16 F1 Referee 3 Organisation name: Contact name, phone number and email Brief description (max 150 words) describing your business relationship to this referee. If you cannot provide at least one example, please briefly explain why (100 words max) | 30 | Invitation To Tender Ref: COWR/Can/15-16 Part G - Terms and conditions of Licence Weighting: This is a Pass/Fail Section Weighting: This is a Pass/Fail Section Once this tender is awarded, the successful bidder and the FC will enter into the Licence that has been provided as part of the tender documentation. The FC will not enter into any negotiations on the terms of the Licence and bidders are therefore required to confirm their agreement to the form of the Licence – failure to do so may lead to the disqualification of the bidder from the process. (Please see section 2 of this ITT for further information). Yes G1 No Do you accept the FC’s Licence for Cannock Outdoor Wedding Receptions? | 31 | Invitation To Tender Ref: COWR/Can/15-16 Part H – Declaration [DO NOT AMEND] Weighting: This is a Pass/Fail Section I the undersigned, hereby tender and offer to provide the Licence which is more particularly referred to in the Invitation to Tender supplied to me for the purpose of tendering for the provision of the Licence and upon the terms thereof. I declare that to the best of my knowledge the answers submitted in this ITT are correct. I confirm and undertake that if any of such information becomes untrue or misleading that I shall notify the FC immediately and update such information as required. I understand that the information will be used in the process to assess my organisation’s suitability to be awarded the Licence and I am signing on behalf of my organisation. I understand that the Forestry Commission may reject this ITT if there is a failure to answer all relevant questions fully or if I provide false or misleading information. I also understand that it is a criminal offence, punishable by imprisonment, to give or offer any gift or consideration whatsoever as an inducement or reward to any servant of a public body. I also understand that any such action will result in rejection of our application to take part in the tender procedure and empower the FC to cancel any contract currently in force. I understand and agree that if our tender is successful that the bidder will hold or purchase insurances as required by the ITT. I understand and agree that any change in the identity or control of the bidder or the principal relationships within the bidder after the bidder has submitted the ITT shall be notified to the FC as soon as possible. The FC reserves the right to disqualify the bidder from the selection and short-listing process in these circumstances or if the bidder becomes ineligible in any other way. I understand that the FC reserves the right to accept or refuse this tender whether it is lower, the same, or higher than any other tender. I confirm that the bidder has not collaborated with any other bidder. I hereby certify that I have not canvassed any Director, employee, representative or adviser of the FC in connection with the proposed award of the Licence by the FC, and that no person employed by us or acting on our behalf, or advising us, has done any such act. I further hereby undertake that I will not canvass any Director, employee, representative or adviser of the FC in connection with the award of the Licence and that no person employed by us or acting on our behalf, or advising us, will do any such act. The essence of selective tendering for the Licence is that the FC shall receive bona fide competitive tenders from all bidders. In recognition of this principle, I certify that | 32 | Invitation To Tender Ref: COWR/Can/15-16 this is a bona fide offer, intended to be competitive and that I have not fixed or adjusted the amount of the offer in accordance with any agreement or arrangement with any other person (except any sub- contractor identified in this offer). I also certify that I have not done, and undertake that I will not do, at any time any of the following acts: (a) (b) (c) communicate to a person other than the FC, the amount or approximate amount of our proposed offer except where the disclosure in confidence of the approximate value of the Tender was essential to obtain insurance premium quotations required for the preparation of the tender; or enter into any agreement or agreements with any other person that they shall refrain from tendering or as to the amount of any offer submitted by them; or offer or agree to pay or give or actually pay or give any sum of money, inducement or valuable consideration, directly or indirectly, to any person for doing or having done or having caused to be done in relation to any other offer or proposed offer, any act or omission. I agree that the FC may, in its consideration of the offer and in any subsequent actions, rely upon the statements made in this Declaration. I undertake in the event of acceptance of our tender submission to execute the Licence within 25 business days of such acceptance (or otherwise as agreed with the FC). I confirm that the undersigned are authorised to commit the bidder to the contractual obligations contained in the Invitation to Tender and the Licence. Name: ................................................................................................................ Date: ................................................................................................................. Signature: .......................................................................................................... Capacity or Title: ................................................................................................. For and on behalf of: ........................................................................................... | 33 |