144 - 23 Invitation To Tender
144 - 23 Invitation To Tender
144 - 23 Invitation To Tender
INVITATION TO TENDER
ESPO
Barnsdale Way, Grove Park, Enderby, Leicester LE19 1ES
Contents
This is the Invitation to Tender document and provides all the background
information, a description of what is required, and an overview and instructions
for the completion and submission of the tender document. Note: This does
not need to be returned to ESPO.
Contents
Glossary of Key Terms ................................................................................... 3
1. INTRODUCTION...................................................................................... 5
2. REQUIREMENT (including Specification) .............................................. 13
3. PROCUREMENT PROCESS ..................................................................... 16
4. EVALUATION OF TENDERS ................................................................... 17
5. INSTRUCTIONS FOR COMPLETING AND SUBMITTING A TENDER .......... 32
6. CONDITIONS OF TENDER ..................................................................... 36
7. TERMS AND CONDITIONS OF FRAMEWORK AGREEMENT ...................... 39
APPENDIX A - TERMS AND CONDITIONS OF FRAMEWORK AGREEMENT ....... 40
APPENDIX B – INTRODUCTION TO SOCIAL VALUE ....................................... 41
APPENDIX C – SOCIAL VALUE PORTAL TERMS ............................................ 44
APPENDIX D – ‘144_23 – Appendix D – Pricing Schedule’ is a separate Excel
spreadsheet and should be completed in full and returned along with the
Tender Submission in advance of the tender return deadline.
TENDER SUBMISSION DOCUMENT
The Tender Submission document should be completed in full and returned in
advance of the deadline, in accordance with the instructions given (see section
5, Instructions for Completing and Submitting a Tender).
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 2 of 44
Glossary of Key Terms
A detailed description of the Framework is provided in the following sections of this
document. Full and formal definitions are provided within the Framework Agreement, and
Tenderers are advised to refer to the Framework Agreement to ensure they have a full
understanding of the requirement.
For Tenderers’ convenience however, the following key terms, which are used throughout this
document, are defined as follows:
Call-Off Terms means the terms on which the Supplier shall provide
the ordered Goods and/or Services to the Customer as
set out in Schedule 3 of the Framework Agreement but
subject to any variations agreed by the Customer and
the Supplier
Contract means a specific Contract for PPE & clothing, including
workwear, schoolwear and body armour for a specific
Customer entered into under the Framework
Customer or plural, means the particular public body/contracting
authority (for example, a council, a school, etc) which
is eligible to access the Goods and/or Services and
elects to do so
eProcurement Portal or the means the EastMidsTenders eProcurement Portal at
Portal www.eastmidstenders.org
ESPO means Leicestershire County Council, trading as ESPO
Framework means the Framework arrangements established by
ESPO for the provision of PPE & clothing, including
workwear, schoolwear and body armour to Customers
by Framework Suppliers
Framework Agreement means the clauses of the Framework Agreement
together with the Framework schedules and annexes
Goods and/or Services means the requirements of the Customer (as
appropriate) for the Goods and/or Services from time
to time as detailed in section 2 of this document,
Requirement
Invitation to Tender means this document, inviting tenderers to submit a
tender
Lead Organisation means the Tenderer
Lot/Sub-Lot means any of the 6 Lots/Sub-Lots specified in section
2 of this document, Requirement
Retrospective Rebate means the sum payable by the Supplier to ESPO in
accordance with the provisions of clause 16 of the
Framework Agreement
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 4 of 44
1. INTRODUCTION
This is an Invitation to Tender (ITT) with information, instructions and guidance provided,
following consideration of which the Tender Submission document should be completed and
submitted online by all suppliers who wish to tender for the Framework described in the
following pages.
Leicestershire County Council, trading as ESPO
ESPO is a trading department of Leicestershire County Council. It is a non-profit making body
owned and operated jointly by six local authorities. ESPO’s key objective is to help its
member authorities achieve optimum value for money when buying goods and services. The
ESPO Member authorities are Cambridgeshire County Council, Leicestershire County Council,
Lincolnshire County Council, Norfolk County Council, Peterborough City Council, and
Warwickshire County Council.
ESPO Trading Limited
ESPO has established a commercial trading company, ESPO Trading Limited, whose target
clients are third sector organisations such as national and local charities, public sector mutual
organisations and other organisations involved in the delivery of services to or for the public
sector. Framework Suppliers may be asked to enter into an additional separate Framework
agreement (the second Framework) with ESPO Trading Limited on materially similar terms to
that found in the tender pack to be entered into by ESPO itself.
Any second Framework agreement will be a purely commercial agreement and will, for the
avoidance of doubt, not be governed by the Public Contract Regulations 2015 or other public
procurement legislation.
eProcurement Portal
ESPO use an eProcurement system called ProContract, powered by Proactis Limited. The
system is available for suppliers via the eProcurement Portal and can be visited at
https://www.eastmidstenders.org/. All contract opportunities are advertised via the Portal
and suppliers will have registered to participate in this process via the Portal in order to have
access to this document.
All correspondence should be conducted through the eProcurement Portal and the named
contact registered for your organisation will receive all correspondence. All suppliers must
regularly check the Portal for updates and have sole responsibility for doing so.
Overview
In this instance, ESPO is undertaking a procurement process to identify and appoint a number
of suppliers to supply PPE & clothing, including workwear, schoolwear and body armour.
The requirement will be divided into the following Lots:
• Lot 1 – Personal Protective Equipment (PPE) and Clothing
• Lot 2 – Corporate Workwear
• Lot 3 – Healthcare Workwear
• Lot 4 – Schoolwear
• Lot 5 – Emergency Services Workwear
o Sub-Lot 5.1 - Firefighter Workwear
o Sub-Lot 5.2 - Police Workwear
o Sub-Lot 5.3 - Ambulance and Paramedic Workwear
o Sub-Lot 5.4 - Paramedic Cycle Workwear
• Lot 6 – Body Armour
Lot 5 is further divided into Sub-Lots. It is anticipated that a minimum of 5 Suppliers will be
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 5 of 44
awarded in Lot 1, a minimum of 17 Suppliers in Lot 2, a minimum of 4 Suppliers in Lot 3, a
minimum of 3 Suppliers in Lot 4, a minimum of 1 Supplier in Lot 5/Sub-Lot 5.1, a minimum
of 2 Suppliers in Lot 5/Sub-Lots 5.2 and 5.3, a minimum of 1 Supplier in Lot 5/Sub-Lot 5.4
and a minimum of 6 Suppliers in Lot 6. However, the eventual number of awarded Suppliers
per Lot/Sub-Lot will be subject to the number and quality of Tenders received and ESPO
reserves the right to increase or decrease the number of Suppliers awarded with the aim of
ensuring adequate service provision and geographical coverage is offered, without diluting
the economies of scale which the Framework should bring about.
Further detailed information can be found in the next section – Requirement.
Objectives
The objectives of the procurement are:
• To offer public sector customers access to a range of pre-approved Suppliers from
whom they may appoint a Supplier to supply PPE & clothing, including workwear,
schoolwear and body armour
• To secure value for money Goods and/or Services for customers
• To create a multiple Supplier Framework for the supply of PPE & clothing, including
workwear, schoolwear and body armour
• To provide access to easy and generic further competitions designed to provide
bespoke solutions for Customers
• To enable Social Value to be delivered
Scope
The high profile of procurement within local government and the national drive to aggregate
and collaborate means that there is a large potential group of customers who may choose to
access this Framework.
Whilst initially for use by local authorities served by ESPO – being a Central Purchasing Body
as defined by the Public Contracts Regulations 2015, the Framework may also be open for
use by any “public body”, defined in the Local Authorities (Goods and Services) Act 1970
that also falls within one of the following classifications of user throughout all administrative
regions of the UK:
• Local Authorities, and certain
o Central government agencies and ministries
o NHS and emergency (blue light) services
o Schools, academies, colleges and universities
o Registered charities
o Registered social landlords
Full details of the classification of end user establishments and their geographical areas are
available on https://www.espo.org/legal.
These classifications of user will be referred to as the Customers.
The Framework structure will be based upon the government’s nine defined regions of
England, in order to include smaller and more specialised suppliers:
• North East • East of England
• North West • London
• Yorkshire and Humber • South East
• East Midlands • South West
• West Midlands
Tenderers must be able to supply all regions as specified above.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 6 of 44
In addition to the nine English regions, Tenderers are invited to indicate in the Tender
Submission document the extent to which they can offer Goods and/or Services in other parts
of the UK so that where appropriate the Framework may be made available for use by public
sector establishments in Scotland, Wales and Northern Ireland.
Estimated Value
Tenderers should note that the Framework value is estimated to be £4m - £25m per annum.
Tenderers must note that this figure is only an estimate and could fluctuate up or down,
depending on budgets and customer demands.
It should be noted that there will be no compulsion on the part of potential customers to use
the Framework. For this reason, no guarantee of business value or volume can be given.
Duration
The Framework will be established for an initial period of 2 years with an option to extend for
a further period or periods up to a total of 2 years taking the contract term to a maximum of
4 years. The Framework is intended to start on 07 September 2023 or as otherwise agreed.
Individual Contracts awarded under the Framework may be of any reasonable duration
(regardless of when they commenced - i.e. an individual contract may expire beyond the
Framework expiry date). The duration of the individual Contracts should be appropriate to
the requirements in question and should reflect the value for money considerations. It may
be the case the individual Contracts extend beyond the four-year term of the Framework
itself.
Any subsequent extension to the Framework will be agreed between ESPO and the Supplier.
ESPO will review the Suppliers’ overall performance before considering an extension and
reserves the right not to extend with Suppliers who are conducting little or no business and
are not adding value or actively promoting the Framework. It is likely that ESPO will also
seek the Supplier to demonstrate improvements to the Framework and/or price reductions
before considering an extension. It is possible that a further competition exercise (and/or
eAuction) prior to the extension being invoked may be conducted to ensure best value for
the Customers. For any extension(s) to the Framework, discussions with Suppliers shall be
conducted sufficiently far in advance of the Framework expiry date to arrive at an agreed
position.
The new Framework will be publicised amongst potential Customers, using a diverse range of
methods, including, but not limited to catalogues and websites published by ESPO (for more
information see Marketing below).
Operation of the Framework
It should be noted that the Framework could be used in a number of ways where PPE &
clothing, including workwear, schoolwear and body armour are required. Customers wishing
to buy Goods and/or Services via the Framework will normally do so in either of the following
ways in accordance with Regulation 33 of the Public Contracts Regulations 2015 (and any
subsequent amendment or re-enactment thereof):
• Calling-off: (direct award) – Customers will normally access the Framework by
‘calling-off’ Goods and/or Services from a Supplier identified who is a) included in the
Framework, b) suitable for meeting the customer’s specific needs and c) identified as
offering the most economically advantageous solution to the Customer’s requirements,
based on source(s) of information for Customers’ direct award decisions.
• Pricing against the specifications contained in the Pricing Schedule (Appendix D) and
percentage discount off list price submitted by Suppliers will facilitate this, as would
some form of overview of the Goods and/or Services and additional benefits offered by
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 7 of 44
each Supplier, as sought within the Additional Benefits for Customers section of the
Tender Submission document. This method of purchasing may be useful for Customers
who have already conducted due diligence checks on Supplier offerings, engaged the
market and can demonstrate that their chosen solution represents best value using the
objective criteria laid out in the user guide.
• Further Competition: (also known as ‘mini competition’ / ‘secondary competition’) -
Customers will also be able to conduct a further competition from amongst those
Suppliers identified in the Framework as being able to provide the required
Goods/supply the required Services. This means that not all further competition
exercises will necessarily include all the Suppliers – a customer will only invite those
Suppliers that are included in the Framework for the particular Lot(s)/Sub-Lot(s) in
which they are planning to procure from.
Further competitions may be conducted directly by the Customer, or by ESPO, or by
any other appropriate third party on the Customer’s behalf. Please note that once this
Framework is established, the right is reserved by the customer when running a further
competition, to invite the Suppliers to participate in an eAuction. Meetings with
Suppliers, interviews, presentations and/or site visits may be required as part of the
process at further competition stage.
IMPORTANT: Suppliers will not be compelled to tender for all business offered via further
competition, and so declining to bid in such instances will not therefore affect a Supplier’s
position on the Framework; however it should be noted that persistent and repeated failure to
bid may lead to a review of a Supplier’s continued inclusion.
When evaluating a further competition, Customers may adopt a scheme similar to that used
by ESPO in establishing the Framework, or may advise Suppliers that a revised scheme will
be used, in order to suit the specific requirements. This may involve, for example, using the
same criteria, but varying the weightings assigned to them. It is anticipated that as ‘quality’
factors will have been assessed when the Framework was established, increased weight may
be given to ‘price’ and/or ‘Social Value’ at further competition stage.
At further competition where Social Value is one of the award criteria, Suppliers’ responses to
the Social Value criterion may be evaluated directly by the Customer or by the Social Value
Portal (https://socialvalueportal.com/) on behalf of the Customer.
If a Customer appoints the Social Value Portal to assess Suppliers’ responses to Social Value,
Suppliers will be required to submit their quantitative and qualitative proposals on to the
Social Value Portal (instructions on how to do this will be given to Suppliers by the Customer
at the time of the further competition). Suppliers’ Social Value qualitative and quantitative
proposals will be assessed by reference to the national themes, outputs and measures
(TOMS) Framework developed by the Social Value Portal. Details on the national TOMS
Framework can be found on the Social Value Portal https://socialvalueportal.com/national-
toms/
In committing to certain Social Value targets, Suppliers will need to provide realistic and
convincing method statements of how these will be achieved in practice. For example, if a
Supplier commits to employing 10 long-term unemployed people, they should explain the
partnerships / plans in place to identify those potential employees.
The Customer and/or the Social Value Portal on behalf of the Customer will measure the
output of the Supplier’s commitments during the Customer’s Contract period.
Please note that if a Customer uses the Social Value Portal at further competition stage to
evaluate Suppliers’ Social Value submissions there is a fee payable by the Supplier (if
successfully awarded a Contract) to the Social Value Portal.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 8 of 44
Please refer to Appendix B of this document for more information about Social
Value, the Social Value Portal and the fees payable to the Social Value Portal.
All Goods and/or Services provided under the Framework will be provided and delivered
directly to the Customers, in accordance with instructions given to the Supplier at the time of
placing the order. Liability for payment of the Supplier’s invoices will rest solely with the
Customer, as appropriate in each case.
Benefits of the Framework – for Customers
For Customers, there will be several benefits in using the Framework to secure their PPE &
clothing, including workwear, schoolwear and body armour. Key amongst these are:
• Suppliers included in the Framework will effectively have been ‘pre-qualified’ as to
their general suitability; this means that in buying Goods and/or Services from them,
Customers may be assured that they are financially stable, and have demonstrated a
solid track record of supply to the sector, and an understanding of its needs and that
they possess sound policies relevant to the Framework. These will include such
policies as health and safety, sustainability and environmental.
• There will be no need for Customers themselves to undertake lengthy and costly
procurement processes otherwise necessary to comply with UK public procurement
law; all these necessary formalities will have been carried out by ESPO when the
Framework was set up, which means that customers may simply approach the
nominated Framework Suppliers, without the need to advertise the requirement or to
pre-qualify Suppliers.
• Customers will normally access the Framework by ‘calling-off’ via direct award Goods
and/or Services from a Supplier identified who is a) included in the Framework, b)
suitable for meeting the Customer’s specific needs and c) identified as offering the
most economically advantageous solution to the Customer’s requirement.
• Alternatively, Customers may wish to run a ‘further competition’ (also known as ‘mini
competition’ or ‘secondary competition’) or e-auction to identify and appoint their
Supplier by inviting quotations from those suitable Suppliers included in the
Framework. To assist them in this task, core specifications and template
documentation will be freely available.
• By establishing relationships with Suppliers, the Framework may promote
opportunities for beneficial collaborative working – joint procurement – between
Customers, with potential economies of scale and operational efficiencies.
• Enable Social Value benefits via further competition and the use of Social Value Portal
to systematically measure Social Value outcomes.
Benefits of the Framework – for Suppliers
For Suppliers who are included in the Framework, we anticipate a number of benefits too.
These will include:
• The Framework will be actively publicised by ESPO. It is expected that the Framework
will therefore acquire a high profile amongst potential Customers.
• Inclusion in the Framework is likely to offer Suppliers new business opportunities, and
in each case, competition will be limited to just those Suppliers who are a) included in
the Framework and b) suitable for meeting the Customer’s specific needs. Suppliers
will not have to rely upon leads on the Find a Tender website or the trade press.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 9 of 44
• Because Suppliers will have been ‘pre-qualified’ in order to gain inclusion in the
Framework, further vetting of Suppliers should be largely eliminated, so reducing the
effort required to prepare and submit bids.
• Moreover, with template documentation available to Customers, Suppliers should see
a reduction in the diversity of documentation they are asked to respond to.
• Tenderers should note that in establishing the Framework, ESPO recognises that many
Tenderers exist within the small and medium enterprise (SME) sector; these may be
specialist service providers, for example or ones with limited geographical scope. In
establishing the Framework, and provided that the appropriate standards and overall
Framework objectives are met, SMEs will be considered for inclusion in the relevant
section of the new Framework.
• There is no intention to erect barriers which hinder the participation of any Tenderer
to be included in the Framework; indeed, the intention is to offer Customers a genuine
choice of Suppliers for their particular needs, the goal being to achieve a sensible
balance between offering choice, but within a manageably-sized Supplier base.
Contract Management and Management Information
The Framework will be managed by ESPO and ESPO shall hold review meetings on an annual
basis. The review meetings will enable ESPO and the Supplier to review performance of the
Framework, discussing matters which may include but not be limited to;
• a review of the amount of business transacted under the Framework as per the
management information (see more below)
• feedback from Customers
• discussion regarding any complaints of poor performance and agreement of actions to
address
• consideration of any improvements or developments
• any changes in key personnel, processes, or delivery
• plans for marketing or promotional activity
The Supplier will be expected to field the appropriate personnel to a review meeting
accordingly.
Management information shall be supplied in the format specified – please see clause 15 and
schedule 7 of the terms and conditions of the Framework Agreement. The Supplier shall send
the management information to ESPO on a quarterly basis on dates agreed at the
commencement of the Framework.
ESPO Supplier Code of Conduct
As part of ESPO’s continuous improvement to strengthen operational controls in procurement
and contract management, an ethical Supplier Code of Conduct has been developed which
sets out the requirement for organisations that do business with ESPO, and their supply
chains, to operate in full compliance with laws, rules and regulations of the countries within
which they operate. The Supplier Code of Conduct can be found on the ESPO website –
https://www.espo.org/Supplier-Code-of-Conduct
The Supplier Code of Conduct sets out principles to help Suppliers to understand the
standards and behaviours that are expected of them when working with ESPO. This includes
the principles of international conventions (e.g. United Nations Universal Declaration of
Human Rights), UK specific legislation (e.g. Modern Slavery Act 2015) and Leicestershire
County Council Policy (e.g. Receipt of Gifts and Hospitality).
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 10 of 44
Suppliers should ensure they are familiar with the Supplier Code of Conduct. Section 5 of the
Supplier Code of Conduct specifically requires suppliers to support the principles contained in
the document and to actively communicate and promote these principles in their own supply
chains.
Compliance with the Supplier Code of Conduct will be checked within ESPO’s contract
management mechanisms, and failure to adhere to the principles will be managed through
the contract if necessary.
Marketing and Promotion
This Framework will be marketed by ESPO through a variety of channels, such as its own
website, social media, PR, catalogues and by its account management team.
Following award, the Supplier will receive an implementation letter from ESPO, advising next
steps and required actions. A document produced by the ESPO Communications Team titled
Supplier Marketing Information and Guidance will accompany the letter. This document
provides an overview of the kinds of marketing activities ESPO encourage Suppliers to
undertake and the ESPO guidance in relation to how these activities should be carried out.
Notwithstanding the receipt of the Supplier Marketing Information and Guidance Suppliers
shall obtain written prior approval from ESPO before any marketing material is distributed to
the public, this includes all press releases, leaflets, flyers, adverts, online marketing etc.
using and/or mentioning ESPO’s name, using ESPO’s logo or the name of the Framework.
All marketing and publicity material shall be produced free of charge unless expressly agreed
otherwise. All Suppliers featured on this Framework may also be invited to participate in
joint marketing activity.
Retrospective Rebate
As a public body, ESPO have a statutory obligation to recover the costs incurred in the
management of this Framework. This obligation is met by means of a Retrospective Rebate
which will be payable by the Suppliers to ESPO based on the total turnover of business
conducted by them under the Framework.
This rebate will be at a rate of 1.5% and shall be payable every three months. ESPO will
request management information from the Suppliers prior to raising an invoice for payment.
The value of the rebate fee shall be calculated as a percentage of the total value of business
conducted by the Supplier under the Framework. Rebate payments will be plus VAT at the
prevailing rate.
Please refer to clause 16 of the terms and conditions of the Framework Agreement.
Questions and Contact Details
All requests for clarification (whether in relation to this document, the requirement, the terms
and conditions or the Tender Submission document) should be submitted as soon as possible
using the Messages section on the eProcurement Portal.
A copy of all questions and answers, known as the clarification log, will be maintained and
distributed periodically to all organisations that have registered an expression of interest in
this Invitation to Tender. It is the responsibility of Tenderers to check the eProcurement
Portal for updates to the clarification log at regular intervals. If the Tenderer expresses that
the question is confidential and ESPO agree that it is then the response will be sent only to
the Tenderer raising the question.
The clarification log is an integral part of the tender process and forms part of the tender
documentation. When evaluating your Tender, it will be assumed that the clarification log has
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 11 of 44
been read and the information provided within it has been considered in the submitted
responses.
The last date for submitting clarification question submission is 20 July 2023 (5pm).
Questions received after this date may not be answered.
Please note that any questions relating to the operation of the Portal itself should be
submitted to Proactis (please see contact details in section 5 Instructions for Completing and
Submitting a Tender).
Please note that any correspondence issued to you from ESPO, via the
eProcurement Portal, will be sent to the person who is the named registered person
on the Portal for your organisation. If your organisation has registered multiple contacts,
communication will be directed to the person who expressed an interest in this specific
Framework. You are advised to make sure that this named person shares correspondence
with all colleagues who are participating in this tender exercise.
If having expressed an interest you do not wish to submit a tender, please “Opt Out” on the
eProcurement Portal. Under no circumstances should you pass this document on to a third
party.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 12 of 44
2. REQUIREMENT (including Specification)
Tenderers should refer to the specification contained within the Pricing Schedule, Appendix D,
which states the mandatory requirements for the Goods and/or Services that are to be
provided under the Framework.
All Standards, Codes of Practice and reference documents referred to in the specification shall
mean the latest published editions including all revisions and amendments. The standards
are not intended to be exhaustive and can be added to / refined by Customers as appropriate
to their requirement.
The products listed in the Pricing Schedule (Appendix D) are a representative sample of the
items that may be purchased by Customers based on products that have previously been
purchased through the existing ESPO Framework Agreement. The products listed in the
Pricing Schedule (Appendix D) are not intended to be a definitive list of what will be
purchased through this Framework. The product list will be used for the purposes of
generating the price score element of the evaluation for awarding Suppliers onto the
Framework Agreement. Customers will be able to approach the successfully awarded
Suppliers per Lot/Sub-Lot via a direct award Call-Off or further competition exercise for any
items from their product ranges relating to PPE and clothing, including workwear, schoolwear
and body armour and so will not be limited to only the products listed in the Pricing Schedule
(Appendix D).
ESPO reserves the right to request a data sheet from Tenderers for items tendered.
General Administration & Minimum Requirements
The following general provisions shall apply to all Contracts awarded under the Framework.
The only exceptions to this rule will arise in the event that a particular Customer using the
Framework expressly specifies that one or more of these provisions is not to apply to their
particular contract. Unless such express exclusion is documented, then all of the following
will prevail.
The successful Suppliers shall be responsible for ensuring that the PPE and clothing, including
workwear, schoolwear and body armour supplied meet all relevant regulations and are fit for
use.
Orders will be placed directly by Customers with Suppliers. The order will state to where and
to whom the invoice should be sent. Customers are instructed to state ‘ESPO Framework 144’
on all correspondence with the Supplier, but this cannot be guaranteed on all orders and will
not therefore prejudice the obligation of the Supplier to make payment of the Retrospective
Rebate to ESPO. All ESPO Customers are entitled to the benefits of the Framework whether
they are aware of it or not. It is our intention that every ESPO Customer enjoys the benefits
of the Framework.
The Supplier must maintain a properly documented system of quality control to ensure that
the Contract standards are maintained. The system must be open to inspection by the
Customer at any time and be capable of evidencing the extent to which standards are being
met.
The Supplier must have a formal compliments and complaints procedure in place, which must
facilitate the appropriate handling, documenting and resolution of all complaints received
from the Customer.
The Supplier will have an effective management process in place to ensure that all staff
receive regular performance reviews to ensure they are able to carry out their duties
effectively. The Supplier will be required to produce evidence of effective contract
management performance by agreeing objectives, targets, and key performance indicators
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 13 of 44
with the Customer prior to the start of the Contract. Unless agreed otherwise, a monthly or
quarterly reporting process will be agreed and then closely monitored.
The Supplier will provide, where necessary, a monthly report to the Customer illustrating their
performance against the standards set and any additional information which may be required.
Packaging & Labelling
The Supplier must aim to reduce packaging where possible and appropriate. All packaging
shall be recyclable, where possible.
The Customer will be responsible for the disposal of product packaging unless expressly
agreed otherwise with the Supplier.
Returned and Defective Goods
Products delivered incorrectly shall be collected, at the Supplier’s expense, within five
working days of being notified. The correct product must be delivered and received within 24
hours of reporting, or as otherwise agreed with the Customer. The Supplier must replace or
make good at their own expense any Goods or materials that become defective as a result of
poor design, materials or workmanship.
Delivery of Products
Delivery of the various Goods is required on a national basis, the cost of carriage being
inclusive within submitted pricing. A minimum order value needs to be indicated for each
Lot/Sub-Lot bid for, within Appendix D - Pricing Schedule, which will be published within the
user guide.
Delivery schedules will be agreed individually with each Customer accessing the Framework.
Details of the locations to be delivered to and how and where the deliveries will take place will
be agreed between the Supplier and Customer.
Each Customer accessing the Framework will arrange the particulars of such delivery
requirements directly with the Supplier including; when and how often deliveries are made,
how and where they will be made; and who the contact will be at their premises to take
receipt of the deliveries / sign paperwork.
All Goods must be delivered to the delivery point specified in the purchase order. If Goods are
incorrectly delivered the Supplier will be held responsible for any additional expense incurred in
delivering them to their correct destination.
Goods must be delivered in the quantities required and within the time(s) specified in the
purchase order unless otherwise agreed by the relevant Customer.
All Goods delivered must be in sound condition, securely packaged and distinctly marked with
the Supplier’s identification and the full address of the recipient of the order.
For all orders, the Supplier must obtain a signature at the point of delivery from an authorised
member of the Customer’s staff to acknowledge the number of parcels received.
Delivery notes must contain an order number to enable easy reconciliation with the Customer’s
e-procurement systems.
Products will be ordered under the Framework agreement as and when required by Customers
from a variety of locations. Addresses of the locations will be notified to the Supplier in the
Call-off order or further competition issued by the Customer.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 14 of 44
Account Management for ESPO
The Supplier must provide an Account Manager to facilitate this ESPO framework.
ESPO Use of Framework
Ordinarily, the Customers of this Framework will be the eligible public bodies referred to in
the ‘Scope’ on page 6. ESPO reserves the right to use this Framework itself and appoint
Suppliers for ESPO’s own internal requirements.
Invoicing
The Supplier shall provide invoices centrally and consolidate invoices where required by the
Customer to reduce the administrative burden on the Customer.
Invoices must be sent directly to the Customer (not ESPO).
Social Value
ESPO are committed to the ongoing aspect of Social Value and sustainability within the UK
public sector. ESPO will look to work with Suppliers in respects of continuously supporting and
driving Social Value and sustainability outputs from this Framework.
The Supplier shall work with ESPO and Customers to support Social Value and sustainability
targets and improvements within local economies.
The Supplier shall work proactively with their supply chains to promote and support Social
Value and sustainability targets and improvements within local economies.
The Supplier shall report to ESPO and the Customer details of the Social Value delivered to
each Customer as part of the quarterly management information in accordance with
Framework schedule 7 and Framework schedule 10 of Appendix A -Framework Agreement.
The Supplier shall, as and when reasonably requested by ESPO, provide reports to ESPO to
outline the Social Value achieved with Customers and via the Framework. The detail, scope
and frequency of such reporting is to be agreed between ESPO and the Supplier.
The Supplier shall be expected to carefully assess the financial, environmental and social
impact of the provision of Services at all times throughout the life of the Framework (and
subsequent Customer Contracts where this may extend beyond the life of the Framework).
Variant Bids
Variant bids will not be considered.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 15 of 44
3. PROCUREMENT PROCESS
Overview
The procurement process adopted by ESPO is based upon the ‘open’ tendering procedure as
defined by the Public Contracts Regulations 2015, Regulation 27.
All Tenderers that have registered, expressed an interest and who have downloaded this
Invitation to Tender from the eProcurement Portal will be eligible to tender. All Tenders
subsequently received (that are compliant i.e. submitted in accordance with the tendering
instructions) will be evaluated in accordance with the evaluation criteria as set out below.
Tenders should be prepared and submitted in accordance with section 5, Instructions for
Completing and Submitting a Tender.
At ESPO’s discretion, and in line with the Public Contracts Regulations 2015, Tenderers may
be invited to clarify their Tender at any stage of the procurement process.
It is unlikely that presentations or interviews will be held as part of the evaluation process.
No electronic reverse auction or ‘best and final offer’ stage will be conducted in respect of this
tender process – however, Tenderers that are subsequently included in the Framework may
be invited to participate in an eAuction as part of a further competition exercise that may be
conducted.
It is anticipated that a minimum of 5 Suppliers will be awarded in Lot 1, a minimum of 17
Suppliers in Lot 2, a minimum of 4 Suppliers in Lot 3, a minimum of 3 Suppliers in Lot 4, a
minimum of 1 Supplier in Lot 5/Sub-Lot 5.1, a minimum of 2 Suppliers in Lot 5/Sub-Lots 5.2
and 5.3, a minimum of 1 Supplier in Lot 5/Sub-Lot 5.4 and a minimum of 6 Suppliers in Lot
6, following the evaluation of all Tenders (in accordance with the scheme described below, in
section 4). However, the eventual number of awarded Suppliers per Lot/Sub-Lot will be
subject to the number and quality of Tenders received and ESPO reserves the right to
increase or decrease the number of Suppliers awarded with the aim of ensuring adequate
service provision and geographical coverage is offered, without diluting the economies of
scale which the Framework should bring about.
Indicative Procurement Timetable
The following indicative timetable is provided for Tenderers’ benefit. Please be aware that
these are indicative timescales (with the exception of the deadlines in bold) and may be
subject to change at the absolute discretion of ESPO.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 16 of 44
4. EVALUATION OF TENDERS
Overview
All completed Tenders received will be evaluated by officers of ESPO.
At ESPO’s discretion, and in line with the Public Contracts Regulations 2015, Tenderers may
be invited to clarify their Tender at any stage of the procurement process.
The evaluation will be conducted in two stages. The objective of the first stage will be to
assess all tenders against a number of selection criteria, designed to assess Tenderers’
general suitability as a potential Supplier. This is done by means of a Selection Questionnaire.
Tenderers must complete the Selection Questionnaire online via the eProcurement Portal
(www.eastmidstenders.org). Tenderers should refer to the ‘Supplier Guide for Completing the
Response (Questionnaires) within ProContract’ document, which can be found on the
eProcurement Portal.
All Tenderers which pass the selection stage will proceed to the second stage of the process,
where Tender submissions shall be evaluated against the award criteria; designed to identify
the most economically advantageous Tenderer.
Stage 1 – Selection Criteria
All contracting authorities, bound by the Public Contract Regulations 2015, have to use a
standard Supplier Questionnaire (SQ) as part of any procurement exercise which exceeds the
thresholds set out in the UK public procurement law. The Crown Commercial Service (CCS)
publishes this questionnaire and ESPO has included it on the eProcurement Portal
(www.eastmidstenders.org) as part of this particular procurement exercise.
Potential Supplier Information and Exclusion Grounds: Part 1 and Part 2
The SQ template includes a self-declaration, made by you (the potential supplier), that none
of the grounds for exclusion apply. If any of the grounds for exclusion do apply, there is an
opportunity to explain any measures you have taken to demonstrate your reliability
notwithstanding the existence of a ground for exclusion (we call this self-cleaning).
We require all the organisations that form part of your bidding group/consortium and each
subcontractor that you are relying on to meet the selection criteria to provide a completed
part 1 and part 2. This means that where you are joining a group of organisations, including
joint ventures and partnerships, each organisation in that group must complete one of these
self-declarations. Subcontractors that you rely on to meet the selection criteria, must also
complete a self-declaration (although subcontractors that are not relied upon do not need to
complete the self-declaration).
When completed, this form is to be sent back to the contact point given in the procurement
documents along with the selection information requested in the procurement documentation.
Supplier Selection Questions: Part 3
Selection criteria questions in Part 3 are designed to check that Tenderers meet or exceed
ESPO’s minimum standards. Selection criteria are of a ‘pass/fail’ nature, and if a Tenderer
fails against any one or more selection criteria, then grounds will exist to exclude that
Tenderer from any further consideration.
Compliance with the minimum standards will be checked by reference to the information
given by Tenderers in the Selection Questionnaire section of the tender response, as
submitted via the eProcurement Portal. The minimum standards themselves are summarised
in the table set out below.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 17 of 44
Tenderers are advised that wherever in this document reference is made to any external
assessment body or external accreditation standard, such reference shall be deemed to
include reference to any equivalent body or standard permitted under UK public procurement
law.
Consequences of misrepresentation
If you seriously misrepresent any factual information in filling in the Selection Questionnaire,
and so induce ESPO (or any contracting authority) to enter into a contract, there may be
significant consequences. You may be excluded from the procurement procedure, and from
bidding for other contracts for three years. If a Contract has been entered into you may be
sued for damages and the Contract may be rescinded. If fraud, or fraudulent intent, can be
proven, you or your responsible officers may be prosecuted and convicted of the offence of
fraud by false representation, and you must be excluded from further procurements for five
years.
ESPO confirms that it will keep confidential and will not disclose to any third parties any
information obtained from a named Customer Contact, other than to the Cabinet Office
and/or contracting authorities defined by the regulations, or pursuant to an order of the court
or demand made by any competent authority or body where ESPO is under a legal or
regulatory obligation to make such a disclosure.
Part 1 – Your information and the bidding model
These questions are asked for information purposes only and the responses will not be
scored. The answers do however give the evaluation panel an overview of the organisation
and its structure so it is important these are completed in full.
Q No Information Assessment
1.1 Your information For information
1.2 Bidding model For information
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 18 of 44
Part 2 – Exclusion Grounds
Please be mindful when completing your questionnaire that if you answer ‘yes’ to any of the
questions in Part 2 of the questionnaire (Grounds for Exclusion) your Tender submission will
be rejected, unless satisfactory evidence of self-cleaning can be provided. The measures
taken to self-clean shall be evaluated by ESPO and our decision regarding your ability to
proceed in the process shall be final. If your evidence of self-cleaning is not acceptable to us,
you will be notified and provided with a statement of the reasons for that decision.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 19 of 44
Ref Selection Criteria
Section Compliance with Discretionary Exclusions
4 Contract The Public Contracts Regulations 2015 allow public bodies to
4.1 Regulations; choose not to do business with organisations in a number of
discretionary other situations as defined by Regulation 57(8) concerning
exclusions violation of environmental, social and labour laws,
bankruptcy, grave professional misconduct, distorting
competition, conflict of interest, significant or persistent
deficiencies in performing contracts and misrepresentation
(for up to three years after the event), see 4.1.
ESPO may exclude organisations from the procurement
process if any of the discretionary exclusion grounds for
rejection apply, unless the Tenderer can provide satisfactory
evidence of measures taken to rectify the situation (we call
this self-cleaning).
Where evidence of self-cleaning is provided, it shall be
considered by ESPO (whose decision shall be final) as to
whether or not it is sufficient and if sufficient the Tenderer
shall be allowed to continue in this procurement process.
Section Compliance with
4 Contract Tenderers who are subject to the Modern Slavery Act 2015,
4.2-4.3 Regulations; who are not compliant with the annual reporting requirements
discretionary of Section 54 of the Modern Slavery Act 2015 will fail.
exclusions
Section Compliance with Self-cleaning
4 Contract ESPO may exclude organisations from the procurement
4.4 & Regulations; process if any of the discretionary exclusion grounds for
4.6 discretionary rejection apply, unless the Tenderer can provide satisfactory
exclusions evidence of measures taken to rectify the situation (we call
this self-cleaning).
Where evidence of self-cleaning is provided, it shall be
considered by ESPO (whose decision shall be final) as to
whether or not it is sufficient and if sufficient the Tenderer
shall be allowed to continue in this procurement process.
Section Compliance with
ESPO are seeking to further establish whether convictions for
4 Contract
modern slavery or human trafficking offences have occurred,
4.5-4.7 Regulations;
as well as due diligence procedures employed to ensure the
discretionary
absence of modern slavery within a Tenderer’s supply chain.
exclusions
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 20 of 44
Part 3 - Selection Questions
Instructions are provided below, regarding Part 3 and what and how you need to respond to
those questions. If you are bidding on behalf of a group (consortium) or you intend to use
sub-contractors, you should complete all of the selection questions on behalf of the
consortium and/or sub-contractors.
These selection criteria questions are of a ‘pass/fail’ nature. A ‘fail’ for one or more of these
will provide grounds for excluding the Tender from further consideration. These criteria are
explained in more detail below.
Section Health and Any Tenderer that fails to provide a satisfactory description of
7.3 Safety the arrangements they have in place to manage health and
safety effectively and control significant risks relevant to the
requirement (including risks from the use of contractors,
where relevant) will fail.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 22 of 44
Section Quality Tenderers must confirm that they have formal quality
7.4 Procedures & assurance processes in place or must provide evidence that
Contract their processes are clear, practicable and accessible. In any
Management event they should address how they:
• Monitor Contract performance
• Operate a suitable approach to Contract dispute
resolution
• Manage and respond to complaints
Any Tenderer who does not have formal quality assurance
processes in place and/or does not appropriately address the
points outlined above will fail.
Section Compliance Any Tenderer which has answered YES to either question 12.1
7.5(a)- with Equality or 12.2 or both and is unable to demonstrate to ESPO’s
7.5(b) Legislation – satisfaction that appropriate remedial action has been taken
unlawful to prevent similar discrimination reoccurring will fail.
discrimination
findings
Section Compliance Tenderers who use sub-contractors but do not have processes
7.5(c) with Equality in place to check whether any of the circumstances listed at
Legislation question 12.1 and 12.2 will fail
sub-
contractors
Section Business Tenderers should have a documented approach to managing
7.6 Continuity the risks likely to impact upon their business continuity. Any
Tenderers who cannot demonstrate an appropriate,
documented approach to business continuity will fail.
Section Carbon Tenderers must confirm they have a published carbon
7.7 Reduction reduction policy statement or must provide evidence of a
Plans commitment to carbon reduction. In any event they should
address:
• How they ensure that their business operation causes
minimal environmental impact,
• Their CO2 reduction goals, plan and progress to date.
Any Tenderer who does not have a published carbon
reduction policy statement and/or does not appropriately
address the points outlined above will fail.
Section British Safety Tenderers bidding for Lot 1 (Personal Protective Equipment
7.8(a) Industry (PPE) and Clothing) must hold a British Safety Industry
Federation Federation (BSIF) certificate or explain how you manage and
(BSIF) measure your supply chain to ensure that your products
certificate comply and are regularly tested for compliance under the PPE
(applicable to regulations.
Lot 1 only)
Any Tenderer who does not have a BSIF certificate and/or
cannot provide a satisfactory response to the question above,
will fail.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 23 of 44
Section 2 Minimum/Core Tenderers must confirm that they can meet the
specification minimum/core specification requirements. Failure to confirm
will result in the Tenderer being excluded from further
consideration.
Section 7 Terms and Tenderers must confirm that they agree to the terms and
Conditions conditions as provided in this Invitation to Tender. Signing
the Tendering Declaration in the Tender Submission
document will confirm their agreement. Tenderers are
referred to section 7, Terms and Conditions, should they
have any queries or clarifications regarding the terms and
conditions.
Failure to confirm will result in the Tenderer being excluded
from further consideration
Weightings
Tenderers’ scores for each method statement will be multiplied by the relevant weighting to
result in a ‘weighted score’ for that method statement. The weighted scores will then be
totalled, with the total expressed as an overall score of 30. Table B shows the weightings for
the Quality questions in Lots 1, 2, 3, 5 and 6. Table C shows the weightings for the Quality
questions in Lot 4 only, which has an additional method statement question compared to the
other 5 lots.
Table B – Quality Scoring Lots 1, 2, 3, 5 and 6
Maximum Weighted Total
Quality Questions
Weighting Evaluator Score Quality
Score Available Score
1 Ethical Sourcing 10 3 30
Sustainability 8 3 24
2
Considerations
3 Contract Management 7 3 21
4 Customer Engagement 7 3 21
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 25 of 44
Table C – Quality Scoring Lot 4 only
Maximum Weighted Total
Quality Questions
Weighting Evaluator Score Quality
Score Available Score
1 Ethical Sourcing 10 3 30
Sustainability 8 3 24
2
Considerations
3 Contract Management 7 3 21
4 Customer Engagement 7 3 21
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 26 of 44
Table C – Scoring Scale for Social Value
Tenderers’ scores for the Social Value criterion will be calculated as detailed in table D
below.
Table D – Social Value Scoring
Social Value Percentage for Direct Call-off Arrangements (for information only)
It is envisaged that most Customers who intend to seek Social Value from a
Supplier/Service Provider will conduct a further competition. The Customer has two options
in respect of Social Value evaluation (as described in section 1 – Introduction of this
document):
1. Utilise the Social Value Portal to evaluate Tenderers’ Social Value responses.
2. Conduct evaluation of Tenderers’ Social Value responses themselves.
However, where a Customer and their chosen Supplier can agree a deliverable Social Value
based on the Social Value percentage (please see below) and the Supplier’s responses to
the Social Value questions (submitted by Tenderers’ in the Tender Submission document)
then the Customer has the option to call-off without re-opening the competition. Customers
may also choose to refer to the Social Value Portal’s National TOMs Social Value Calculator
(https://socialvalueportal.com/national-toms/) for the measurement of Social Value
proposed by the Supplier.
Tenderers are required to indicate in section 3 of the Tender Submission document how
much Social Value (expressed as a percentage of the total Customer contract value) they
can typically deliver to Customers during the life of their Contracts. An example is illustrated
below.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 27 of 44
Total Contract Value £150,000
Duration of Contract 4 years
% Social Value offered 10%
Social Value in £ £15,000
In this example, the Supplier offers to deliver £15,000 worth of Social Value to the
Customer over 4 years.
In the Tender Submission document, the Customer Contract values are split into 5 Contract
value bands. Tenderers are asked to indicate the typical Social Value percentage they would
offer for contracts of those values. This section will not be evaluated but must be
completed by the Tenderers. Upon the award of the Framework the successful Tenderers’
submissions for the Social Value percentage will be published in a user guide as an indicator
of likely Social Value deliverable by each Supplier as part of a call-off Contract.
As part of the Contract management and measurement against the Framework KPI’s, ESPO
will monitor how much Social Value the successful Supplier has delivered to Customers
during the life of the Framework and compare it with the Social Value percentages
submitted by the Supplier in the Social Value percentage table in the Tender Submission
document at the Framework stage.
Price 60%
Price for each Lot/Sub-Lot will be assessed against a basket of goods meeting the minimum
specification requirements which can be found in the separate Appendix D – Pricing Schedule
Excel spreadsheet.
Tenderers will be required to provide pricing for at least 80% of items for each of the
Lots/Sub-Lots in which they are bidding. For any of the up to 20% of items Tenderers cannot
price, the median price of all other Tenderers' prices for the missing item(s) will be used in
substitution, for evaluation purposes. If it is found that no Tenderers have bid for an item,
that item will be removed from the evaluation. Failure to provide a list price and an
accompanying discount off list price for at least 80% of items listed in the Pricing Schedule
(Appendix D) will result in the bid being rejected for the Lot/Sub-Lot that is being tendered.
For each Lot/Sub-Lot, Tenderers will be required to state in the relevant worksheet the list
price excluding VAT for each item in the basket along with a single % discount off list price
for all products in the basket. A net price, which is the list price minus the value of the %
discount off list price, for each item will then be calculated via a formula in the spreadsheet
as follows:
List price x (1 - % discount off list price) = net price.
The Tenderer’s net price for each item in the basket of goods (including any median
substitute prices) will be added together to result in a total price for the Lot/Sub-Lot.
For each Lot/Sub-Lot a weighted total will then be calculated as follows: Total price x
Lot/Sub-Lot weighting = weighted total.
The following weightings based on anticipated usage have been assigned to each Lot/Sub-Lot
in table E below:
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 28 of 44
Table E – Weightings
Lot/Sub-Lot
Lot/Sub-Lot
Weighting
2 - Corporate Workwear 4
3 - Healthcare Workwear 5
4 – Schoolwear 3
6 - Body Armour 8
The weighted total will be the figure used in each Lot/Sub-Lot to assess the pricing of
Tenderers’ bids against one another. The lowest weighted total in each Lot/Sub-Lot will
receive the full 60 marks available for Price whilst all other Tenderers’ scores will be reduced
by the percentage their weighted total exceeds the lowest weighted total, subject to a
minimum score of zero.
The following table (Table F) provides a worked example of this lowest price scoring
methodology:
Table F – Price Scoring
Weighted 100% - %
(Weighted total - lowest Maximum score Price
total for above
weighted total) / lowest x (100% - % Score
Tenderer the lowest
weighted total = % above above lowest (max
Lot/Sub- weighted
lowest weighted total weighted total) 60)
Lot total
100% - 0%
A £500 (£500 - £500) / £500 = 0% 60 x 100% = 60 60
= 100%
100% - 20%
B £600 (£600 - £500) / £500 = 20% 60 x 80% = 48 48
= 80%
100% - 40%
C £700 (£700 - £500) / £500 = 40% 60 x 60% = 36 36
= 60%
(£1000 - £500) / £500 = 100% -
D £1000 60 x 0% = 0 0
100% 100% = 0%
Tenderers are required to state the pack size(s) offered in the Pricing Schedule (Appendix D).
Where a like-for-like comparison of a product cannot be made e.g. if the unit or pack size(s)
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 29 of 44
offered are different from the size we have specified in the Pricing Schedule (Appendix D), a
pro rata calculation will be used to ensure fair comparison, subject to the unit or pack size
being reasonable and acceptable.
The % discount offered will be for all products that could be supplied within the scope of that
Lot/Sub-Lot and not just those listed in the Pricing Schedule (Appendix D). The % discounts
offered will not be scored, however they will be published in literature that will be made
available to Customers accessing the Framework. Tenderers will be required to hold their
prices and discounts tendered until 06 September 2024 as a minimum. All submitted
pricing will be inclusive of all carriage charges but exclusive of VAT.
For information only, Tenderers are required to state alternative sizes and colours, other than
the typical sizes and colours stated in the Pricing Schedule (Appendix D), a minimum order
quantity (if applicable) and product reference code. Again, this information will then be
published in literature made available to Customers accessing the Framework.
Abnormally Low Pricing
For any price submitted by a Tenderer which appears to the evaluator(s) to be abnormally
low, the Tenderer will be contacted to provide an explanation. ESPO may exclude such a price
from the evaluation of the Lot bid for if, following clarification with the Tenderer, the
explanation provided does not satisfactorily account for the low level of price proposed,
having due regard to regulation 69 (abnormally low tenders) of the Public Contracts
Regulations 2015. This may result in disqualification of the Tenderer from the particular
Lot/Sub-Lot where the abnormally low price has been submitted.
Final scoring
Following completion of the price, quality and social value evaluation, the Tenderer’s total
quality score (out of 30%), social value score (out of 10%) and price score (out of 60%) will
be added together to give a total score out of 100% for each Lot/Sub-Lot tendered for.
Scores will be rounded to the nearest two decimal places.
The Tenderer’s final score for each Lot/Sub-Lot tendered (out of 100%) will be listed with
the other compliant Tenderers in that Lot in rank order, from highest to lowest, and then
award will be made to the number of Suppliers described in Section 1. Introduction
(Overview).
Award of Framework
Upon conclusion of the evaluation of Tenders, those Tenderers whom it is agreed should be
included in the Framework will be advised accordingly via a Notification of Intention to Award
letter. Such inclusion, offered pursuant to this Invitation to Tender, will be on the basis of the
best Tender(s), based on the evaluation criteria described above.
Tenderers whom it is proposed should not be included in the Framework will also be advised
of this in writing via a Notification of Intention Not to Award letter which will contain feedback
on their Tender submission compared with those of the accepted Tender(s).
ESPO does not bind itself to accept any Tender.
In accordance with the Public Contracts Regulations 2015, the award of the Framework will
be subject to a mandatory standstill period of at least 10 days between the Notification of
Intention to Award letter and Acceptance of Tender letter. If representations are received
during the standstill period, ESPO may be required to suspend the making of the Framework
and extend the standstill period until any issues have been resolved; Tenderers will be
advised accordingly.
Evidence required will be called for and must be received before the Acceptance of Tender
letter can be issued and the Framework can be entered into. Tenderers are reminded that
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 30 of 44
until ESPO has received and approved this documentation ESPO is unable to accept your
tender or complete the award and your position on the Framework cannot commence.
All Tenderers are advised that they should not take any action for example commencing the
supply of Goods or delivery of or implementation of Services, until the award decision is
finalised and communicated to you as above. Tenderers should also refrain from undertaking
any publicity, marketing or promotional activity until such confirmation is received. In any
event, Tenderers must seek prior approval from ESPO, before undertaking any marketing
activity. Please see section 1 - Introduction of this document, for further guidance.
Upon conclusion of all the above stages, a formal Framework Agreement will be entered into
between ESPO and the successful Suppliers. A copy of the Framework Agreement can be
found in section 7 Terms and Conditions of this document. Unless and until a formal
Framework Agreement is prepared and executed, the Tenderer’s Tender submission, together
with ESPO’s written acceptance thereof, shall constitute a binding contract between the
parties.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 31 of 44
5. INSTRUCTIONS FOR COMPLETING AND SUBMITTING A TENDER
This Invitation to Tender documentation should only have been downloaded from the
eProcurement Portal (www.eastmidstenders.org) which is hosted by Proactis. It is
important that every organisation submitting a Tender is registered on the Portal as it will be the
single route through which any clarifications and questions will be managed. Please note that
you will only need to register once to do business with any organisation that currently, or in the
future, is using eProcurement Portals powered by Proactis.
You must not share this Tender documentation with other potential bidders; they should register
and download their own copies to ensure that they receive all the information relevant to this
Tender process.
Note: you will only receive email notifications regarding your expression of interest or other
important actions on the system. Email alerts may be blocked by your company’s SPAM filter.
We recommend that you contact your ICT department to ensure that emails from the domain
“@due-north.com’’ are excluded from the SPAM filter “blocked addresses’’. We also recommend
that you log onto the eProcurement Portal at regular intervals during the Tender process,
particularly as deadlines approach, to ensure that you are aware of all emails concerning the
Tender process that have been sent through the Portal. It is the sole responsibility of the
Tenderer to do so.
Submitting your Tender
In order to submit a Tender for this procurement, you are required to complete the selection
questionnaire online, upload the Tender Submission document including all required
information and documents and ensure you click to ‘submit response’, prior to the
Tender closing date and time (note - we strongly recommend you keep a copy of this document
and your Tender for your own records).
Please allow plenty of time to submit your Tender and do not leave it until the day of
the tender submission deadline.
Tenders cannot be considered if they are submitted outside of the Portal (i.e. by email or via the
messaging tool on the Portal). Failure to follow this path will result in the Tender submission
being disregarded.
Tenderers are reminded that Tender submissions on the Portal can be edited up until
the tender submission deadline.
In the event that you encounter technical difficulties with submitting your Tender submission
then you must report this immediately to Proactis via their Helpdesk (contact details earlier in
this section), keeping a record of all of the communications that take place.
Completed Tenders must be uploaded and submitted by 27 July 2023 (12:00). Any
amendments to the submission deadline will be communicated through the Portal. Tenders
submitted after the designated time and date will be rejected. Tenders and/or any
documentation supporting a Tender must NOT be submitted by fax or email.
Portal technical support
Full instructions on how to bid for contract opportunities can be found on the eProcurement
Portal and can be accessed in the help section by clicking on the question mark icon located in
the top right-hand corner of the home page. If you are unable to resolve your issue by this
method and require additional assistance, please contact the Proactis Technical Support Team.
Email for non-emergency issues and general technical support
For all non-emergency issues and general support, please contact Proactis Technical Support
Team via email, ProContractSuppliers@proactis.com. This will auto-log you a support ticket in
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 32 of 44
the PROACTIS Supplier Support Helpdesk, http://proactis.kayako.com/default
The very first time that you log a ticket in the PROACTIS Supplier Support Helpdesk you will be
issued with a registration email. This will give instructions on how to log in, review and update
your tickets effectively, as well as having full audit records.
Phone number for time-sensitive or emergency contact only
Telephone +44 (0)330 005 0352
(lines open 8.30am – 5. 30pm Monday to Friday excluding bank holidays)
General, routine enquiries should be dealt with through the PROACTIS Supplier Support
Helpdesk. If you have a time sensitive/emergency situation the help desk may be contacted via
this phone number. Prior to doing so you should already have logged a support ticket via the
method outlined above.
Note: questions relating to the Tender content should be submitted to ESPO by accessing the
Messages section for each Tender– please see the introduction pages of this Invitation to Tender
for details.
Completing your submission
The selection questionnaire should be completed online, please refer to the ‘Supplier Guide for
Completing the Response (Questionnaires) within ProContract’ document, which can be found
on the eProcurement Portal.
The Tender Submission document and Pricing Schedule/s (Appendix D) should be downloaded
from the eProcurement Portal and completed offline. These documents must be uploaded to the
Portal as a document or documents (either word or pdf).
You will not be able to submit your final Tender submission if you have not completed the
selection questionnaire online and uploaded the Tender Submission document and Pricing
Schedule/s (Appendix D).
To enable evaluating officers to assess fully the Tenderer’s suitability all of the information
requested in this Invitation to Tender must be provided. Failure to complete the Tender
submission in full or failure to provide any of the documents requested may result in your
Tender being rejected. Questions should be answered as instructed:
(i) Please answer every question.
(ii) Questions must be answered in English.
(iii) When posed with Yes / No questions, please select your answer or Not Applicable.
(iv) All other questions will require you to input text or numbers, or to tick boxes.
(v) Any figures requested should be stated in full (i.e. £4,000,000 not £4m) and in
GBP. Where information relates to foreign accounts, amounts in alternative
currencies may be stated, but must also be converted to GBP.
(vi) If the question does not apply to you please select Not Applicable.
(vii) Within your response to some questions, you will need to provide additional
information in response to the questions. Please upload such additional information
as a clearly referenced appendix as an attachment to the relevant question.
Only the information contained within this Invitation to Tender or otherwise communicated in
writing by ESPO to the Tenderer should be considered when submitting your Tender.
References
References are not sought from Tenderers at this stage, but ESPO reserves the right to take up
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 33 of 44
references as part of any due diligence exercise undertaken prior to contract award.
Certificates and policy documents
You are not required to submit supporting evidence e.g. certificates and copies of policies at the
time you submit your Tender submission but you will be required to submit the information
should you be successful. If so, you will be required to provide the information within three
working days from the date of request.
Evidence required will be called for and must be received before the Acceptance of Tender
letter can be issued and the Framework can be entered into. Tenderers are reminded that
until ESPO has received and approved this documentation ESPO is unable to accept your
Tender or complete the award and your position on the Framework cannot commence.
Any Tenderer wishing to send their information at the point of submitting their Tender may do
so but it will have no bearing on the evaluation of the Tenders submitted.
Tender submissions
Any information and/or documents submitted with or in the Tender submitted must relate to the
Tenderer only - the Tenderer being the organisation which it is proposed will enter into a formal
contract should their Tender be successful. (All responses and submissions provided by the
Tenderer will form part of that contract). ESPO may seek further clarification from the Tenderer
following submission of completed forms where required.
In the event that two or more organisations are acting together to apply to tender for the
Framework, then the Lead Organisation must complete the Tender, making clear the members
of the consortium and the role each party will fulfil. However, ESPO reserves the right to require
the other members of the consortium to provide additional information as requested. In the
event a consortium Tender is successful ESPO will enter into a formal contract with the Lead
Organisation (on behalf of all of the consortium partners).
Format of Tender submission
Tenderers are required to complete all of the documentation listed below. You may complete the
documentation electronically but must not make any changes to the structure and/or order of
the document provided (except as necessary to accommodate your responses, i.e. enlarging
response boxes etc.). In particular, please do not undertake any substantive changes to
formatting, or add appendices instead of completing the tables provided, and so on, except as
may be expressly requested or are necessary to properly present your offer.
You should complete and submit all the below as instructed;
1. Selection Questionnaire complete online and submit online
2. Annex 1, Supporting Organisation Selection Questionnaire complete offline and
upload as part of your Tender submission
3. Response to Requirement and Specification complete offline and upload as part of your
Tender submission
4. Quality, Method Statements complete offline and upload as part of your Tender
submission
5. Social Value complete offline and upload as part of your Tender submission
6. Pricing Schedule complete offline and upload as part of your Tender submission
7. Additional Benefits for Customers complete offline and upload as part of your Tender
submission
8. Freedom of Information Exclusion Schedule complete offline and upload as part of
your Tender submission
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 34 of 44
9. Tendering Declaration complete offline and upload as part of your Tender submission
10. Submission Checklist complete offline and upload as part of your Tender submission
The declaration must be signed by a director, partner or other senior authorised
representative in her / his own name and on behalf of the organisation. The details contained
in each Tenderer’s response may be specified in any contract or may form an appendix
thereof. Tenderers should therefore make sure that their responses are authorised at an
appropriate level which would enable them, should they be successful, to become the subject
of a binding contract.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 35 of 44
6. CONDITIONS OF TENDER
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 37 of 44
Publicity
• No publicity regarding the Framework or the award of any Framework will be permitted
unless and until ESPO has given express written consent to the relevant communication.
For example, no statements may be made to the media regarding the nature of any
tender, its contents or any proposals relating to it without the prior written consent of
ESPO.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 38 of 44
7. TERMS AND CONDITIONS OF FRAMEWORK AGREEMENT
Framework Agreement
The following documents shall form part of the Framework Agreement between ESPO and the
successful Tenderer(s) which shall be legally binding on both parties:
1. The Framework Agreement terms (see attached as Appendix A)
2. Specification
3. Schedules
4. Pricing model (as completed by the successful Tenderer(s))
5. Response to requirements/method statement questions (as completed by the
successful Tenderer(s))
6. A list of commercially sensitive information (as completed by the successful
Tenderer(s))
Agreement to terms and conditions
By submitting a bid, Tenderers are agreeing to be bound by the terms of this Invitation to
Tender and the Framework Agreement without further negotiation or amendment, and must
sign the Tendering Declaration accordingly.
If the terms of the Framework Agreement render the proposals of the Tenderer’s bid
unworkable, the Tenderer should submit a clarification using the Messages section on the
eProcurement Portal. ESPO will consider the clarification and whether the amendment to the
Framework is required. Any amendments shall be published through the Clarifications Log
and shall apply to all Tenderers.
Whilst ESPO is prepared to give consideration to any changes of a minor nature, it is not
prepared to accept material changes to the terms and conditions. For the avoidance of doubt
therefore, if Tenderers submit a Tender which is subject to a qualification which ESPO deem
‘material’ and unacceptable, the Tenderer will be invited to withdraw the qualification and the
Tender submission will be evaluated without it. Should the Tenderer not wish to withdraw the
qualification, the Tenderer will be disqualified and deemed to be non-compliant. The Tender
shall not be considered further.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 39 of 44
APPENDIX A - TERMS AND CONDITIONS OF FRAMEWORK
AGREEMENT
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 40 of 44
APPENDIX B – INTRODUCTION TO SOCIAL VALUE
The National Procurement Strategy 2018 defines Social Value as the wider financial and non-
financial impacts of programmes, organisations and interventions, including the wellbeing of
individuals and communities, social capital and the environment. From a business perspective
it may be summarised as the net social and environmental benefits (and value) generated by
an organisation to society through its corporate and community activities reported either as
financial or non-financial (or both) performance.
Social Value is about improving economic, social and environmental wellbeing from public
sector contracts over and above the delivery of the Services directly required at no extra
cost. Used properly, additional Social Value can be beneficial to both Suppliers and local
authorities and represent a joint effort to exploit maximum value from procurement.
Local authorities are encouraged through The National Procurement Strategy 2018 to
consider using national themes, outputs and measures (TOMs) in their procurement activity,
as the basis of measuring Social Value. More information about TOMs can be found on the
Social Value Portal https://socialvalueportal.com/national-toms.
Examples of Social Value Offers
Social Value that local authorities and other public sector bodies seek from their Suppliers can
vary, depending on their business strategy and the needs of their local areas. When Suppliers
submit Social Value offers to Customers they should seek to match their offers with the
Customer’s desired Social Value deliverables.
The below are examples of Social Value offers that Customers may seek:
• Employment or training opportunities
• Apprenticeships
• Work experience placements
• Employing a local workforce for the customer’s contract
• Reducing impact on the environment
• Engagement with schools to promote sustainability
• Ethical supply chain, including supporting SMEs
• Helping disadvantaged people to access employment or training
• Supporting community projects
• Volunteering in the community
• Hosting community events at your business
• Charitable donations
• Mentoring and providing career advice to young people
• Spending with local suppliers to customer
• Supporting improvements to public spaces and parks
• Flexible working policies for staff
• Mentoring and providing career advice to young people
• Using sustainable products and materials
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 41 of 44
solution for evaluating Framework Suppliers’ Social Value offers at the further competition
stage for a specific Contract and measuring outcomes of the Social Value offers during the life
of the Contract.
Customers accessing the ESPO Framework 144_23 for PPE and clothing, including workwear,
schoolwear and body armour will have the option to seek Social Value from their chosen
Framework Suppliers at the further competition stage (as described in section 1 –
Introduction of this document). It is envisaged that most Customers who intend to seek
Social Value from a Framework Supplier will conduct a further competition. However, where a
Customer and their chosen Supplier can agree deliverable Social Value based on the Social
Value percentage and their responses to the Social Value questions (submitted by Tenderers’
in the Tender Submission document) then the Customer has the option to do a call-off
without re-opening the competition.
If at further competition stage the Customer chooses to use the services of the Social Value
Portal for the evaluation of Framework Suppliers’ Social Value Tender submissions and
subsequent contract management of the Social Value offered by the awarded Supplier, the
Framework Suppliers will be required to submit their Social Value proposal via the Social
Value Portal https://socialvalueportal.com/supplier-registration/.
Details on how to register and submit your Tender via the Social Value Portal will be provided
by the Customer and/or the Social Value Portal at the time of the further competition
exercise.
Social Value Portal Management Fees
Following a further competition where Customers utilises the Social Value Portal, the awarded
Supplier will be required to contract directly with the Social Value Portal who will provide the
following services to the successful Supplier:
• Online account with Social Value Portal to allow contract management and project
reporting account
• Technical support with data entry (e.g. access and functionality issues)
• Confirmation of evidence required to satisfy requirements
• Quarterly reports showing progress against targets
• End of project summary report and case study
The successful Supplier will be invoiced directly by the Social Value Portal upon award of the
further competition and will be responsible under the terms of the contract for payment
directly to Social Value Portal. The terms of such contract are provided as a separate
Appendix C – Social Value Portal Terms.
Please note: The successful Supplier will be charged ongoing management fees of 0.2% of
the total contract value, up to a maximum of £7,500 per contract, for the first year of the
contract, 0.15% thereafter for access to the Social Value Portal. Fees will be invoiced directly
from the Social Value Portal to the successful Supplier and this payment will provide the
Supplier with quarterly reports and support in each Social Value submission and access to a
project management dashboard.
A minimum fee of £750, per contract per year and a maximum fee of £7,500 will be
chargeable depending on the Customer’s Contract value. The fees are payable upfront in the
first year and annually thereafter. Further details are within the below table (N.B. There is
no charge for Framework Suppliers unless they are successful in winning the
Customer’s tender at further competition stage).
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 42 of 44
£5m - £7.5m £7,500
£500k - £5m 0.20% - year 1
0.15% - thereafter
£100k - £500k £750
Below £100k Excluded
Please note: Suppliers should note that the management fee payable to Social Value Portal
(if successful in winning business at a further competition stage) is separate to the 1.5%
Retrospective Rebate payable to ESPO under clause 16 of the Framework Agreement.
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 43 of 44
APPENDIX C – SOCIAL VALUE PORTAL TERMS
144_23-Invitation to Tender-issue1-01June23-PPE & Clothing, Including Workwear, Schoolwear and Body Armour
Page 44 of 44