SOLAR PV Panel Contract for Newport Housing Trust

Invitation to Tender

Strictly Private and Confidential

Introduction and Instructions

Bidders are invited to submit their tender for the delivery of Newport Housing Trusts requirements for the design and installation of solar PV panels on various properties for which it is or has previously been the registered social landlord. The tender is to be completed by organisations able to satisfy the minimum criteria set out in [xxx]. Name of the organisation completing this tender submission:

Person dealing with this application on behalf of the organisation and contact details: Name: Position in Organisation: Address: E-mail: Telephone: Fax:

Important Note: The attention of Bidders is directed to the Instructions contained in this Invitation to Tender ("ITT") and that your completed tender must be returned to: David Torrington, Newport Housing Trust, 6th Floor, Clarence House, Clarence Place, Newport, Wales, NP19 7AA Telephone: 01633 261990 by no later than 12:00 noon BST on the 9th February 2011. BEFORE RETURNING THIS TENDER PLEASE ENSURE THAT YOU HAVE

Answered all questions appropriate to your application Enclosed all relevant documentation Signed the Certificate and Form of Tender

CONTENTS
SECTION 1: INFORMATION INTRODUCTION BACKGROUND OBJECTIVES DELIVERABILITY PERFORMANCE FRAMEWORK ARRANGEMENT FRAMEWORK OPERATION PROCUREMENT PROCESS TENDERING TIMETABLE CONFIDENTIAILTY FREEDOM OF INFORMATION DISCLAIMER SECTION 2: SECTION 3: INSTRUCTIONS and BID REQUIREMENTS EVALUATION

APPENDIX 1: APPENDIX 2: APPENDIX 3: APPENDIX 4: APPENDIX 5: APPENDIX 6: APPENDIX 7: APPENDIX 8

FORM OF OFFER CERTIFICATE AS TO NO CANVASSING and NO COLLUSIVE TENDERING INSURANCE PROPOSAL PAYMENT and PERFORMANCE PROPOSAL FINANCE, TECHNICAL EXPERIENCE and LEGAL STANDING INFORMATION FORM OF AGREEMENT SPECIFICATION HOUSE TYPES

INFORMATION
SECTION 1: INFORMATION 1. 1.1 INTRODUCTION

SECTION 1

This Invitation to tender ("ITT") has been prepared by The Newport Housing Trust (the Trust) for the purposes of inviting proposals from suppliers to enter on to a Framework Agreement for the provision and installation of PV solar panels onto the roofs of properties which are or have been part of its property portfolio. The maximum number of properties will be 511 and the actual number will depend on consultations being successfully concluded with tenants (of which there are 462) and house owners. The requirement has been split into 3 separate similar sized lots. Each lot will have a list of 3 contractors who will receive orders for installations in order of priority as explained in paragraphs 6 and 7. The division of the requirement in this way is intended to ensure that the PV panels are installed and the installations accredited prior to April 2012 to maximise Feed in Tariff ("FIT") payments which will be recoverable by the Trust. It also minimises the risks to the Trust of any delays affecting any particular supplier and avoids reliance on a limited number of major commercial supplier/installers to meet the total demand. Each Bidders response should be detailed enough to allow the Trust to make an informed selection of the most appropriate suppliers to appoint to the framework. . BACKGROUND

1.2

1.3 2.

Feed In Tariff 2.1 In April 2010 The Department of Energy and Climate Change introduced the FIT scheme. The FIT is a renewable energy generation tariff that pays the generator of renewable electricity a fixed price per kilowatt for the energy that is generated (see table 1). The generator also receives a fee of 3p/kW for electricity that is sold into the grid, known as the export tariff. FIT produces benefits in 3 ways: 2.2.1 Generation tariff (currently a maximum of 41.3p per KW produced) a set rate paid by the energy supplier for each unit (or kWh) of electricity generated. This rate will change each year for new entrants to the scheme (except for the first 2 years), but once in the scheme the tariff will continue at the same rate for 20 years, or 25 years in the case of solar electricity (PV). Export tariff* - a further 3p/kWh will be received from the energy supplier for each unit exported back to the electricity grid, that is when it isnt used on site. The export rate is the same for all technologies. Energy bill savings savings will also be made on electricity bills because generating electricity to power appliances means not as much electricity needs to be purchased from the energy supplier. The amount saved will vary depending how much of the electricity is used on site.

2.2

2.2.2

2.2.3

INFORMATION
2.3

SECTION 1

FIT is also an important driver in relation to meeting Government climate change targets, fuel poverty reduction, as well as providing economic opportunities for businesses.

The Trusts Available Stock 2.4 The Trust owns or has influence over 511 houses that are potentially suitable for FIT programmes and wish to maximise the package of opportunities that FIT provides. The information required to be submitted by Bidders and the evaluation of such information is intended to enable the Trust to identify solutions which provide the best overall package of opportunities and to understand the trade-off between cost, capacity and efficiency over the life of the installation. The Trust has undertaken initial consultation with its tenants and owners of shared ownership houses in which the Trust has an interest. There has been considerable support for this procurement from the local residents and the Trust will undertake further consultation during the tender period to maintain and expand that support. Successful Bidders will assist the Trust in connection with further consultations to address any concerns which residents/owners may raise. OBJECTIVES The objective of this tender process are: 3.1.1 To procure the installation of solar photovoltaic panels on all housing (to the extent agreed with homeowners and tenants) by April 2012 to take advantage of the FITs currently available; To ensure that best value for money is obtained having regard to: 3.1.2.1 the panels being of appropriate quality in terms of capacity in generation, efficiency (of panels and transmission) and durability (including degradation in output over the length of their installation ) to maximise FITs income; and the supply cost of the panels and installation (and any manufacturer's required maintenance);

2.5

3. 3.1

3.1.2

3.1.2.2 3.1.3

To ensure that there is sufficient security for any damage to the houses on which solar photovoltaic panels are installed and to remedy any defects (including warranties for efficiency of panels during the lifetime of the installation) To ensure that SMEs are encouraged to bid for the contract; To ensure any environmental impacts and carbon emissions are minimised through appropriate consideration of transportation, manufacturing process environmental efficiencies, installation processes and sourcing requirements.

3.1.4 3.1.5

3.2

In addition the following benefits are being pursued: 3.2.1 Alleviation of fuel poverty amongst the Trust's tenants.

INFORMATION
3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 4. 4.1 Help to provide energy security locally Secure local emission reductions from hydrocarbon generation Reduce reliance on fossilised fuels to generate energy Encourage sustainable employment Help achieve carbon reduction targets

SECTION 1

DELIVERABILITY The Trust is concerned that there is a risk of non-delivery in terms of the timescales which apply to the FIT rates and that risk largely remains with the Authority in the absence of a complete and secure remedy in the proposed Agreement. The Trust has adopted the following mechanisms to manage the risks: 4.2.1 4.2.2 procuring 3 broadly equal Lots with no Bidder being allocated to more than one Lot; allocating 3 Bidders to each Lot so that in circumstances (set out in paragraphs 6 and 7) where there is deemed to be greater risk of non-delivery if the preferred Bidder for that Lot was allocated additional packages at that time, they will be awarded to one of the other Bidders allocated to that Lot instead; the bundling of orders for approximately 25 houses at a time which reduces the risk that a large batch is not delivered due to a failure of one contractor and also assists in managing and monitoring delivery of the programme; and use of liquidated damages in the contract (limited to a contribution to potential losses which the Trust would incur) to ensure that the successful Bidder allocated that batch, shares some of the consequences of delays which they cause.

4.2

4.2.3

4.2.4

5. 5.1

PERFORMANCE The revenues which will be generated by FITs are dependant on: 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 Capacity of the installed system; Efficiency of the system to convert sunlight into electrical energy and to transport this to the network; Rate of degradation of the system components; Orientation of the panels; and Amount of sunlight

INFORMATION
5.2

SECTION 1

Accordingly, Bidders are being required by this invitation to set out details of the systems they would propose to install to enable the Trust to assess the net profit which it can reasonably expect to achieve from the housing stock involved. However, the Trust recognises that there is a risk that performance of any system installed is not maintained during the expected life of the system at the promised performance standards. It is addressing this risk by: 5.3.1 5.3.2 5.3.3 5.3.4 Requiring suppliers to be identified in the tender and requiring them to satisfy the minimum threshold for financial, technical and legal criteria; Requiring warranties from the suppliers for the expected life of the system; Ensuring that performance characteristics offered are those established in accordance with IEC testing; Ensuring that the configuration of systems matches one of those identified in recognised data records or has otherwise been confirmed as appropriate through professional assessment; and Requiring proposals from Bidders on security to be offered (whether in the form of bond or otherwise) in respect of satisfaction of the warranties.

5.3

5.3.5

6. 6.1

FRAMEWORK ARRANGEMENT As already stated the intention is to have 3 Lots comprising approximately 170 houses each. There will be 3 bids allocated to each Lot. The division into 3 Lots with 3 Bidders allocated to each Lot has been adopted as a means to manage the risk to the Trust associated with any delays to the programme or failure of any single contractor. The evaluation of the bids will be undertaken in 2 stages as set out in paragraph 8 and will result in a league table of bids with the first 9 of those bids being successful in being appointed to a Lot. Appointment to each Lot will be on the basis of the most economically advantageous tenders received, measured in accordance with the Evaluation Criteria set out in Section 3. Each of the top three bids will be identified as preferred Bidder for a Lot. Each of the next three Bidders (ie ranked 4- 6 inclusive) will be allocated to a Lot as the first reserve Bidder of that Lot. The decision as to which Lot a Bidder is allocated as first reserve Bidder will be made on the basis of the higher ranking bid being allocated to the Lot whose preferred Bidder has the lowest assessed financial turnover (meaning that in accordance with the system referred to in paragraph 7 there will be greater opportunity to receive demands). The following 3 Bidders (ie ranked 7-9 inclusive) will be allocated to a Lot as the second reserve Bidder of that Lot with the decision on which Lot following a similar approach to that set out in paragraph 6.5 above.

6.2

6.3 6.4 6.5 6.6

6.7

INFORMATION
6.8

SECTION 1

It is not intended to use mini competitions under the Framework to allocate work. Instead any orders for installations will be issued on a call-off basis through a Framework Agreement which will have been entered into between the Trust and the 9 successful Bidders. As there will be 3 Lots, each demand will be issued to a Lot in the order of the ranking of the preferred Bidder for that Lot in the evaluation. In other words the first demand will be issued to the preferred Bidder of Lot 1 and the second to the preferred Bidder of Lot 2 and so on. In the event that a Bidder is deemed (in accordance with paragraph 7 due to issues such as deemed capacity and demonstration of availability of funds to complete that order) to be unable to meet a particular demand for the time being, then the demand will be issued to the next Bidder allocated to that Lot (ie first reserve Bidder or second reserve Bidder as the case may be). FRAMEWORK OPERATION Prior to each allocation of a package of installations the relevant Bidder will be asked to provide suitable assurances that it can deliver such allocation in the timeframes (and by the targets) which are set for that allocation (which may alter during the course of the project to reflect circumstances, particularly towards the end of the period for which the current fixed FiTs rates are guaranteed). The Trust will have regard to the programming proposals in the bid submissions when setting suitable timeframes but its main priority will be to ensure that all required installations are completed through this framework by the deadline of April 2012 and this will be the main determining factor for setting specific timeframes for packages. The work will be allocated in accordance with paragraph 6 above (and a contract let to that Bidder accordingly) save as provided in paragraph 7.4. The Trust shall not allocate work to a Bidder who would otherwise have been chosen if: 7.4.1 that Bidder is unable to provide reasonable assurances that it is able to meet the required programme of installation for that work (including having the funding and resources available to deliver that allocation within the required timescales); that Bidder has failed to meet any target set for completion of any previous installation which had been allocated to that Bidder and either: 7.4.2.1 7.4.2.2 that failure has not for the time being been rectified to the satisfaction of the Trust or notwithstanding the rectification of the failure, the Bidder has not for the time being demonstrated to the Trusts reasonable satisfaction that it is able to and will provide the Services in full accordance with the Contract and the Bidders programming methodology proposed as part of this Bid;

6.9

6.10

7. 7.1

7.2

7.3 7.4

7.4.2

7.4.3

the Bidder has been issued with a notice of termination pursuant to a contract for a previous installation/allocation;

INFORMATION
7.4.4

SECTION 1

there has been any change in circumstances such that the Bidder would no longer satisfy the Minimum Criteria (being the criteria set out as comprising the First Stage of the Evaluation in Section 3); the Turnover Threshold is for the time being exceeded. The Turnover Threshold is the point at which the value of the contracts which have not for the time being been completed by the Bidder pursuant to the framework together with the value of the proposed allocation would exceed 50% of its turnover in the previous accounting period.

7.4.5

8. 8.1

PROCUREMENT PROCESS On 24/09/2010 a notice was placed in the Supplement to the Official Journal of the European Communities seeking expressions of interest from Bidders and was amended on 10th December 2010. It indicated that bids would be sought for the design and installation of Photo Voltaic electricity generation systems to South facing Bungalows in the Newport area including the design, supply and fit, (including storage) of PV panels, and related electrical connection works. Bidders expressing an interest were informed they would be required to satisfy minimum standards by reference to information required to be submitted. This will form the first phase of the Bidder appointment process. The information required pursuant to Section 2 will be used to assess whether Bidders satisfy the minimum standards in accordance with the Criteria set out in Section 3. The Trust will notify each Bidder following assessment if they have not been successful in passing through to the next stage of the process. Bidders who successfully pass the first stage of the process shall then have their submissions evaluated and the first 9 Bidders will then be allocated to the Framework in 3 lots as mentioned above. There is no guarantee as to the number of orders or indeed that any will be issued under the Framework. TENDERING TIMETABLE The programme for the remainder of the procurement exercise is shown below. The timetable indicates a proposed conclusion with award of contract by 13 March 2011 in order to achieve a commencement on site by the end of April 2011.

8.2

8.3 8.4 8.5

8.6 9. 9.1

INFORMATION

SECTION 1

ITT issued to Bidders Receipt of Tenders Assessment of Suppliers to meet Minimum Threshold Evaluation of Tenders Alcatel Notice to all Bidders of successful tenders Finalise and Contract Close 9.2

30 December 2010 9 February 2011 9 to 15 February 2011 15 February to 1 March 2011 3 March 2011 13 March 2011

The tendering timetable set out above is for information purposes only. The Trust reserves the right to amend the timetable from time to time as necessary and will endeavour to give notice promptly to Bidders of any changes in the timetable. The Trust will apply a minimum clear 10 day stand still period from the notice of the award decision to the completion of the framework agreements with each of the successful Bidders. The Trust reserves the right not to follow up this invitation. The Trust will not contribute towards the Tender preparation costs incurred by the Bidders under any circumstances. The Trust also reserves the right to make amendments to any of the documents comprised in the ITT during the tender period. CONFIDENTIALITY This ITT is being made available by the Trust to Bidders who expressed an interest in response to the OJEU notice referred to in paragraph 8.1. The information contained in the ITT is confidential. Save as specifically permitted in writing by the Trust neither this document nor any information in this document may be copied, reproduced, distributed or otherwise made available to any person. FREEDOM OF INFORMATION ACT 2000 The Trust is not currently subject to the provisions of the Freedom of Information Act 2000 ("FoI") which provides a general right of access to information held by public authorities. However, in the event that FoI is subsequently deemed to apply and any information is requested, the Trust may be forced to disclose documentation containing such information. The Act provides for limited exemptions from the general right of access. Each Bidder may therefore wish to specify that certain information in their Tender (e.g. the pricing information) is treated as covered by the exemption of commercial confidentiality. This may still not prevent disclosure, irrespective of a Bidder's wishes, because the availability of this

9.3 9.4 9.5 10. 10.1 10.2

11. 11.1 11.2 11.3

INFORMATION

SECTION 1

exemption will ultimately be subject to a test of whether the public interest lies in disclosing the information or keeping it confidential. 11.4 If a Bidder wishes any of the information provided to be treated as commercially confidential then it should indicate this within its response to this Invitation specifying the information which is requested to be so treated. Any such request must include a clear and substantive justification (which the Trust may disclose) together with a time limit after which any such information may be disclosed. Each Bidder however acknowledges that the Trust is responsible for determining (having regard to any guidance or codes of practice issued by the Information Commissioner or any government department) whether the FoI Act requires disclosure of information and whether such information is in fact exempt information as well as determining what information will be disclosed in response to a FoI request. DISCLAIMER Whilst the information in the ITT has been prepared in good faith, it does not purport to be comprehensive or to have been independently verified. Neither the Trust, nor any of its advisors, accepts any liability or responsibility for the adequacy, accuracy or completeness of the ITT, nor will they make any representation or warranty, express or implied, with respect to such information or to the information on which the ITT is based; nor with respect to any written or oral information made or to be made available to any interested recipient or its professional advisors. Any liability other than that due to statements made fraudulently therefore is hereby expressly disclaimed. Each party to whom the ITT is made available should make its own independent assessment of the proposed terms after making such investigation and taking such professional advice as it deems necessary to determine its interest in the project. The ITT is not intended to provide the basis of any investment decision and should not be considered as a recommendation by the Trust or any of its advisors to any recipient of the ITT. Nothing in the ITT or in any other written or oral information provided to any Bidders should be relied on as a promise or representation as to the future. Neither the Trust nor any of its advisors undertake to provide any recipient with access to any information whether written or oral supplied to any Bidders, or to correct any inaccuracies which may become apparent. The Trust does not bind itself to award any contract for the whole or any part of the services required and reserves the right to terminate this procurement at any time without award. The Trust reserves the right, without prior notice, to change the procedure for the tender process and to terminate discussions and the delivery of information at any time before the signing of any agreement relating to this Project.

11.5

12. 12.1

12.2

12.3

12.4

12.5

INFORMATION
IMPORTANT NOTE: Bidders acknowledge and agree by their submission of tenders pursuant to this invitation that: all tender materials submitted will become the property of the Trust;

SECTION 1

that the Trust may disclose information as to the successful bid to the other Bidders in accordance with Section3; and the Trust will not reimburse any costs associated with any aspect of a response to this ITT.

INSTRUCTIONS and BID REQUIREMENTS

SECTION 2: INSTRUCTIONS AND BID REQUIREMENTS PART A: INSTRUCTIONS

SECTION 2

1.
1.1

General
Bidders are required to complete and provide all information in accordance with the conditions set out in this section. Failure to comply with these conditions may lead the Trust to reject a bid unless any changes have been expressly agreed by the Trust in writing. The responses should be specific to the question or issue. Superfluous information will be ignored and may be construed as detracting from the quality of the bid. All Bid Submissions must be submitted in English and priced in sterling. Each Bidder may only submit one Bid Submission. STANDARD BID Bidders are required to submit a Standard Bid complying fully with the requirements of the ITT, answering all questions and supplying all information required, even where this requires duplication of information. This is to ensure that the Trust can compare each of the options and the bids in a fair, like-for-like and reasonable manner. If a question is similar to a question included elsewhere in this ITT, you should repeat your response and expand upon it where necessary. Failure to provide the required information may result in your tender being deemed non compliant and your tender rejected. To aid evaluation of its bid submission, each Bidder should cross-reference each part of its submission in accordance with any numbering that is used within this ITT. Bids must be submitted in accordance with the ITT (including any ITT amendments). Bids must not be qualified or accompanied by statements that might be construed as rendering the tender equivocal. The Trusts decision as to whether or not a tender complies with these instructions will be final. If Bidders consider that they will be unable to deliver a bid which offers best value for money to the Trust due to the requirement in paragraph 2.4 they are encouraged to raise their concerns with the Trusts representative identified in paragraph 4 below using the contact details provided at the earliest possibility. If the Trust considers that the concerns raised can be addressed by amendments/clarifications in the ITT without any detriment to the Trust and appear to affect more than one potential bidder, then it may be prepared to make amendments/clarifications to the ITT to address the concern raised (particularly if it is raised early in the process). If it is prepared to do so, it will circulate the amendments/clarifications to all bidders prior to the bid submission date. Any group of service providers submitting a bid as a consortium must provide the company or organisational details (including company/organisation name, company number where relevant and director details) of each member of the consortia in order to enable the Trust to ascertain the corporate structure of the group bid. In the event of a group of service

1.2 1.3 2. 2.1

2.2 2.3 2.4

2.5

2.6

INSTRUCTIONS and BID REQUIREMENTS

SECTION 2

providers, suppliers or contractors submitting an acceptable offer, the group will be required to nominate a lead partner with whom the Trust can contract. Alternatively, the group will need to form themselves into a single legal entity before the contract is awarded. In either case the Trust may require guarantees and warranties in favour of the Trust from the other members of the consortium. An undertaking that the group will so form themselves, if required by the Trust, must be provided when the tender is submitted. If successful, each member of the consortia shall be jointly and severally liable for their respective obligations and liabilities arising under the Framework Agreement. 2.7 Except for manifest error or as may otherwise be expressly agreed by both the Trust and the relevant Bidder, the contents of each bid submission will be deemed to be binding upon the Bidder and open for acceptance by the Trust for a period of not less than 90 days from the Tender return date. Therefore, Bidders are cautioned to verify their proposals before submission. SUBMISSION OF BID SUBMISSIONS Each Bid Submission must be packaged as described in paragraph 3.2. Each Bid Submission should be delivered to arrive no later than 12:00 noon BST on 9 March 2011 by registered post, recorded delivery service or by hand. Any late Bid Submissions may, at the Trust's discretion, be rejected. Three (3) hard copies and one (1) electronic copy (on CD or DVD disc) of each Bid Submission should be provided with packages marked: RESTRICTED COMMERCIAL BID SUBMISSION FOR SOLAR PV PANEL CONTRACT FOR NEWPORT HOUSING TRUST CLOSING DATE 9 March 2011 FAO:David Torrington Newport Housing Trust 6th Floor Clarence House Clarence Place Newport NP19 7AA The package should carry no external identification of who has submitted the Bid Submission. Any Bid Submission received bearing any distinguishing matter or mark shall not be valid and shall be returned unexamined to the sender. 3.5 The Bid Submission document cover and first page must include the contract title as above, the Bidder's organisation name and the date of submission. Each Bid Submission should be returned with the information specified below. Any supporting documentation for a Bid Submission which is too bulky to bind in with that Bid Submission should be bound separately and clearly identified with the relevant title in the

3. 3.1 3.2 3.3 3.4

3.6

INSTRUCTIONS and BID REQUIREMENTS

SECTION 2

form: Company name - Supplementary Information in respect of Bid Submission - [here insert name of contract used on front cover and as identified in OJEU notice]CONTRACT. The relevance of the documentation to a particular Bid Submission must be expressly highlighted in both the Bid Submission and in the supporting documentation. Each page of the Bid Submission and any supporting documentation should be numbered and each bundle shall contain a contents list bound immediately inside the front cover. 3.7 No general marketing or promotional material is to be included in the Bid Submission unless it is specifically relevant and provided as supporting information in which case it must be so identified as provided above. Each document or part document which is to be treated as commercially confidential should be clearly identified as such, preferably by marking each relevant page of the document commercially confidential). No amendments to the Tender will be permitted after submission unless at the request of the Trust. In the event that additional information needs to be provided or responses require clarification or modification then all Bidders will receive clarification or an addendum to the Tender. The Trust will not be held responsible for any loss of documents. Please title any appendices with reference to the ITT and the Bidder's name Please note: proof of your despatch of materials for submission is not proof of receipt by the Authority. DO NOT supply the original of any document, since any documents supplied will not normally be returned. 4. 4.1 4.2 4.3 4.4 4.5 4.6 CONTACT Any Bidder queries or clarifications must be made by contacting the Responsible Officer. The Responsible Officer is David Torrington. Contact with the Responsible Officer must be made by e-mail only on the following address: david.torrington@nht.org.uk Except where otherwise directed in these instructions, Bidders must not contact any person in relation to this competition other than the Responsible Officer Some types of information may be with held to minimise any opportunity for competitive bias. Any information provided to an individual Bidder that is or could be material to the Trusts project objectives as opposed to individual submissions will be provided to all other Bidders. Otherwise all responses received and any communication from firms will be treated in confidence. To avoid the risk of prejudicing a Bidders position by divulging commercially sensitive information to competitors, Bidders should notify the Trust whenever they consider that an answer to their query should not be provided to other Bidders. If this occurs and if the Trust

3.8

3.9

3.10 3.11

4.7

INSTRUCTIONS and BID REQUIREMENTS

SECTION 2

considers the answer to the query should be shared then the Bidder will be given the option of either withdrawing its query or sharing the response with other Bidders. 4.8 The Trust will endeavour to answer all requests for clarifying information as quickly as possible, but cannot guarantee to provide a response within a given time period.

5.
5.1

SUFFICIENCY & ACCURACY OF TENDER

Each Bidder shall acquaint himself with the relevant provisions of current legislation and any modification or re-enactment thereof, and keep himself aware of all relevant Codes of Practice, Guidance and Statutory Instrument affecting the delivery of the service. Without prejudice to the above, each Bidder shall be deemed to fully understand the requirements of the relevant accreditation system for PV solar panel installations under the The Feed-in Tariffs (Specified Maximum Capacity and Functions) Order . Each Bidder shall be expected to comply with current and reasonably foreseeable relevant legislation. Each Bidder shall be deemed to have acquainted himself with the sites on which it may operate in undertaking this Contract, to satisfy itself as to the local conditions, the full extent and character of the operation, the supply and conditions affecting labour and all other factors which could affect the execution of the Contract generally. Each Bidder undertakes that upon submission of its Tender it shall: 5.5.1 have examined all the documents enclosed and by its own independent observations and enquiries will be held to have satisfied itself that it fully understands all matters relating to the requirements of the Specification and Tender Documents, the scope of the work to be carried out and the full extent of the obligations under the Contract; have satisfied itself that it fully understand the, the local conditions, regulations, legislation and other matters referred to above; and be deemed to have obtained for itself all necessary information as to risks contingencies and any other circumstances which might reasonably influence or affect the Bidder's Tender

5.2

5.3 5.4

5.5

5.5.2 5.5.3

5.6

Accordingly each Bidder shall be deemed to have satisfied itself before submitting its Tender as to the accuracy and sufficiency of the rates and prices stated in its Tender which shall (except insofar as otherwise provided in the Contract) cover all the Bidder's obligations under the Contract. The Trust will not entertain any claims on the grounds of lack of knowledge. Bidders should contact the contact reference point identified in paragraph 4 above to make arrangements for any visits. Bidders are reminded to check the accuracy of their Tender prior to submission thereof.

5.7 5.8 5.9

10

INSTRUCTIONS and BID REQUIREMENTS

5.10

SECTION 2

If the Trust suspects that there has been an error in the pricing of the Form of Tender and/or Schedule of Prices, the Trust reserves the right to seek such clarification as it considers necessary from the Bidder only. Missing or incomplete answers and/or information and/or appendices may result in the Invitation to Tender being excluded from the evaluation process.

5.11

6.
6.1

NON SUBMISSION
If having studied this tender brief you decide not to submit a response, please inform the Trust by contacting Responsible Officer in accordance with the contact details mentioned above as soon as possible, prior to the closing date of the tender.

7.
7.1

ANTI-COLLUSION AND CANVASSING

The Trust shall be entitled to disqualify any Bidder which has contravened the anti-collusion requirements and will recover the amount of any losses it has suffered (including the cost of this ITT exercise) if a successful Bidder is found subsequently to have contravened anticollusion requirements or if any person employed by or acting for them, does any of the following: 7.1.1 7.1.2 7.1.3 commits an offence under the Prevention of Corruption Acts 1889 to 1916; or commits an offence contrary to the Enterprise Act 2002; or commits an offence contrary to the Bribery Act 2010.

7.2

Any Bidder may be disqualified (without prejudice to any other civil remedies to the Trust and without prejudice to any criminal liability which such conduct by a Bidder may attract) where the Trust is satisfied that the Bidder has or is likely to have done any of the following: 7.2.1 7.2.2 7.2.3 fixes or adjusts the amount of its Tender by or in accordance with any agreement or arrangement with any other Bidder; or enters into any agreement or arrangement with any other Bidder that it shall refrain from submitting a Tender or as to the amount of any Tender to be submitted; or offers or agrees to pay or give or does pay or give any sum of money, inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender any act or omission; or communicates to any person (other than employees or advisors of the Bidder or the Trust) the amount or approximate amount of its proposed Tender (except where such disclosure is made in confidence in order to obtain quotations necessary, for example, for the preparation of the Tender, or for insurance; or canvasses or solicits any member, officer or employee of the Trust in connection with the award of this Tender or proposed Tender or that persons employed by the Bidder or acting on its behalf do any such act.

7.2.4

7.2.5

11

INSTRUCTIONS and BID REQUIREMENTS

PART B: BID REQUIREMENTS Bidders must: complete the Form of Tender (Appendix 1) complete the No Canvassing and No Corruption Certificate (Appendix 2) complete the Insurance Proposal (Appendix 3) complete the Payment and Performance Proposal (Appendix 4)

SECTION 2

complete the Finance, Technical Experience and Legal Standing information (Appendix 5) provide the Method Statements required below 1. 1.1 CONTRACT TERMS AND CONDITIONS The terms and conditions that are proposed for the services being procured are attached in Appendix 5. Each successful Bidder will be required to execute a formal written contract containing those terms and conditions (as may be amended in the course of the tender). The Agreement will be for a period of 14 months to reflect the timeframe during which installation of PV solar panel installations are expected to generate the highest FIT rates. If Bidders have concerns over any provisions which they consider may prevent them from providing an unqualified bid which provides best value for money to the Trust, then they are strongly recommended to raise these at the earliest possibility in accordance with the guidance in Part A. Bidders will appreciate that the Trust has adopted the open procedure and so there will be no opportunity for Bidders to negotiate terms after the completion of the tender process and, as stated in Part A, bids must not be qualified. BIDDER INFORMATION

1.2

1.3

2.

2.1

Each Bidder must provide the information required by Appendices 4 and 5 and complete Appendices 1 to 3 inclusive. Please read the appendices carefully and address all of the issues detailed in the relevant areas of your tender documentation. Bidders must also demonstrate their experience of providing and installing PV solar panel systems during the last three years by identifying examples of projects with which they have been involved setting out their role and providing all other information in support to enable verification of their experience in delivering (including the details of the referees) such projects.
TRUST'S REQUIREMENTS The Trust wishes to enter into an arrangement for the call down of installation of PV arrays on houses from its stock or which previously formed part of its stock.

2.2

3. 3.1

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INSTRUCTIONS and BID REQUIREMENTS

3.2

SECTION 2

The actual need for installations will be identified in notices from the Trust from time to time. The intention will be to aggregate each demand for PV arrays into groups of houses not exceeding 25 houses. The Trust wishes to ensure that the Objectives (referred to in Section 1 paragraph 3) are satisfied as far as possible. The PV systems (including inverter(s), cables and other fittings) must comply with the minimum specification set out in Appendix 7. The Trust requires suppliers of the PV panels and the inverters to provide direct warranties to the Trust as regards the performance levels offered in Appendix 4 in respect of each item of equipment. In the case of PV panels this must be the minimum 25 year lifetime required for the panels. In the case of the inverter this must be cover a minimum period of 10 years and at least the period offered in Appendix 4 before it will require renewal. The Trusts Requirements include the expectation that Bidders who are appointed to the Framework will have 5m insurance cover for Contractors All Risk;/Public Liability and 5m insurance cover for Employers Liability and to have Excesses which appear commercially sensible (gauged by regard to the proportion which it would represent of total turnover of the business). Bidders must identify their current insurance details in Appendix 3. Where such insurances do not meet the Trust Requirements, the Bidder must confirm whether it is prepared to obtain insurances/extend the insurance covers to meet the Trusts Requirements. A negative response will result in rejection of the bid. METHOD STATEMENTS Bidders are requested to submit method statements covering their approach to each of the matters set out below in order to meet the Trust's Requirements. It is the Trust's intention that the method statements provided by each of the preferred Bidders will form part of the Framework Agreement entered into with the relevant Bidder and will (subject to their being acceptable to the Agreement) be attached as schedules to the Agreement with which each successful Bidder will be expected to comply. A separate method statement is required to be submitted for each of the subject areas identified. Each method statement should detail the Bidder's approach including activities, systems and procedures to provide assurance to the Trust that the Objectives will be met. In any event the method statements should provide as a minimum all the detail suggested by the following notes [Important Note to Bidders: you should also have due regard to the note on evaluation as to superfluous material]. Each Method Statement should particularly explain how the Bidder considers its proposed approach will assist achievement of the Trust's Requirements.

3.3 3.4 3.5

3.6

4. 4.1 4.2

4.3 4.4 4.5

Bidders are requested to provide method statements to answer the following questions. Answers to be no more than the number of words set against each method statement in the table below in each case. This is intended to ensure that the method statements are properly focussed and to minimise the

13

INSTRUCTIONS and BID REQUIREMENTS

SECTION 2

material which bidders have to produce as well as maintaining the amount of material which has to be evaluated to manageable levels. Bidders are strongly encouraged to consider use of diagrams wherever possible as representing a useful format for conveying information and also minimising the amount of text required to best explain proposals.

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INSTRUCTIONS and BID REQUIREMENTS

SECTION 2

Method statements Risk management. The 4 main risks associated with this project are: 1. Time. The panels are not installed in time to maximise Feed in Tariff. 2. Design and Performance. That the PV array fails (whether at installation or during the lifetime of the array) to perform to design specification and levels of performance proposed in the bid submission. 3. Supply chain capacity to deliver (including supply of panels, inverters and cabling and personnel, plant and equipment to complete installations). 4. Costs/Availability. That the costs of products and labour increases or their availability is reduced as result of ability to recover increased fees from other contracts. Describe the methods you will employ to minimise or overcome the risk in each case. These must include how you propose to obtain best value for money and certainty of delivery (which must therefore include management of resources and the arrangements within the supply chain). In this last respect, if you wish to cross refer to the method statement for Supply Chain Management in your answer you may do so. In respect of design and performance risk Bidders will note that there is a requirement for warranties for the panels (25 years) and inverter (as proposed in payment and performance spreadsheet but not less than 10 years) from the suppliers. Bidders should set out in this method statement any security or financial instrument which will be provided to support such warranties. In addition the method statement should set out the approach to monitoring and review of performance in connection with managing the risks. The approach should minimise the imposition of resource requirements on the Trust whilst providing a mechanism to provide immediate warnings of any delay or default in the delivery of the installations within programme and to specification and performance standards. Monitoring proposals are expected to include:

Points and word limit

40

1,600 words

Production of weekly monitoring reports by the Bidder to include account of progress to programme, any delays which have occurred or are foreseen and steps being taken to minimise/avoid the consequences of such delays; Attendance at regular liaison meetings with Trust representative(s) as appropriate (but no more than one month apart).

Please also explain and give examples of your experience in undertaking similar risk management and monitoring processes on other contracts.

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INSTRUCTIONS and BID REQUIREMENTS

2 Supply chain management Describe the key elements of the supply chain and their roles in the successful delivery of the project. Identify methods of engagement of the supply chain. The method statement must include:

SECTION 2

30

management structure for the delivery of the installations and details of staffing structure and capacity proposed to resource this contract at each level of the supply chain; details (including relevant experience and skills) of named Contract Manager with adequate day to day responsibility to ensure good standard of management of the services; and proposals for providing the services through a local presence

800 words

Planning techniques Describe the methodology you will employ in the planning of the project to ensure successful completion, on time and to budget including identification of the key stages of the project. This method statement must:

30

show the key stages in the form a programme set out the Bidders proposed system for delivering work from instructions to completion; and explain the methods you would employ to ensure delivery at each stage,

800 words

in each case covering the proposed installation period for completion of each package of 25 houses together with a full explanation as to how that would be applied for a potential allocation of the whole of one Lot,. It should therefore include explanation of the bidders approach to programming to ensure completion of multiple demands for installations. 4 Sustainability and environmental issues Identify the key issues of this project in terms of environmental impact, and describe how you will mitigate and minimise the carbon footprint of the activities from manufacture to installation of the arrays 25

800 words 5 Resident liaison Describe the methods you would employ to inform and engage residents in the 20

16

INSTRUCTIONS and BID REQUIREMENTS

process. Specifically in the areas of: 6 Initial consultation prior to works commencing During construction activities Following works completion

SECTION 2

500 words

Regeneration and training Describe the ways in which you will deliver benefits within the locality as a result of your work within this project in order to assist the Trust in achieving the objectives of this project. 15

500 words Total 160

5. 5.1 5.2

PAYMENT AND PERFORMANCE PROPOSAL The Authority wants to achieve from this procurement certainty of cost which is affordable and offers best overall value for money (which will include the return on capital employed). The Trust has identified 4 house types within the relevant stock and these have in effect 2 different aspects those which are south facing and those which are either south-west or south-east facing. South-west and south-east aspects are expected to be capable of producing the same energy production capacity. This is shown in Appendix 8. Accordingly the Trust has developed a spreadsheet for each house type and each aspect (contained in Appendix 4) into which certain assumptions (eg amount of sunlight) have been inserted. Bidders are required to input the details of the systems which they propose for each house type/aspect regarding the costs, capacity, efficiency, degradation of their systems which they would propose for each house type/aspect to maximise value for money for each. The spreadsheet calculates the net present value for the future revenues which are assumed to be generated and so generates a net profit figure for each house type/aspect. These figures will then form part of the evaluation of bids in accordance with Section 3 Prices/rates submitted in the bid shall exclude VAT. Where chargeable, VAT shall be added to the prices at the time of invoicing under any contract let (each such invoice shall show the percentage and amount of Value Added Tax applicable in accordance with prevailing Customs and Excise Regulations at that time). The Price/rates submitted shall be complete (including all overheads, costs and expenses which the Bidder would incur in respect of the services) and shall be the sole basis for payment under any contract entered into by the Trust pursuant to this ITT. No liability will be accepted by the Trust for other costs connected with any installation.

5.3

5.4

5.5

5.6

5.7

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INSTRUCTIONS and BID REQUIREMENTS

5.8

SECTION 2

Because of the short duration of the framework, prices submitted will not be subject to adjustment for inflation or changes in any index. However for evaluation purposes the revenues from FITs will be subjected to presumed indexation (in accordance with the scheme) and in order to have comparable costs will also be subjected to discounting to arrive at a net present value of those revenues from future years.

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EVALUATION
SECTION 3: EVALUATION 1. 1.1 COMPLIANCE

SECTION 3

The Tenders will be checked initially for compliance with these Instructions and for completeness. Clarification may be sought from Bidders in order to determine if a Tender is complete and compliant. Tenders which are not substantially complete and/or compliant with these Instructions may be rejected. As already noted in the Instructions to Bidders superfluous material supplied by Bidders is discouraged and may be taken into account in evaluating the Tenders. CLARIFICATIONS The Trust may require supplementary information or clarification or further evidence of the information given. The Trust may, upon reasonable notice, also wish to visit sites or speak with relevant contacts at other organisations for which other work has been undertaken given by a Bidder as evidence of relevant experience. In particular the Trust will take into account as mentioned below information gained and evaluated from the references provided by Bidders pursuant to Section E2 of Appendix 5. TWO STAGE EVALUATION PROCESS The Trust will undertake the evaluation of bids in 2 stages. The first stage of the evaluation is intended to ensure that only bids which meet the minimum standards set by the Trust are taken forward for full evaluation.

1.2 2. 2.1 2.2

2.3 3. 3.1 3.2

4. 4.1 4.2

FIRST STAGE EVALUATION The Trust will assess the information provided pursuant to Appendix 3 and Appendix 5; If there are any responses which indicate the Bidder (or member of the supply chain) does not comply with the Trusts requirements set out in Appendices 3 and 5 then the Trust may reject that Bid.

4.3

If a Bid scores less than 50% of all marks available in respect of the First Stage as indicated in Appendix 5 then the Trust may reject that Bid.

4.4

The following table will be used to mark the submissions in response to Appendix 5. Those items shown in the table marked N/A under the column entitled Score from 10 are ones for which there is a simple pass or fail.

EVALUATION
Appendix 5 Assessment Table Section A 1-6 B 1-8 C 1-5 D 1-5 E E1 E2 E3/4 E5 F 1-5 Health and safety Standard General information Relevant organisations general information Financial information Quality assurance Details of quality assurance systems and methodologies in place N/A Measurement Pass/Fail

SECTION 3

Score from 10 N/A N/A

Total

N/A

Technical Experience Details of technical ability Experience and References MCS/alternative accreditation Insurance Extent to which policies and procedures capable of reducing risk of damage or injury and achieving quality of service are being implemented and are supported by evidence Level of compliance with and commitment to equality and diversity laws as evidenced by record and steps taken to rectify Extent of environmental good practice being adopted N/A N/A N/A N/A N/A

G 1-8

Equalities

N/A

Environmental

N/A

The table above will be completed ion the following basis:

Sections A, B, C, E3 , E4 and E5 will be marked on a pass or fail basis. Failure to achieve the minimum standard as required will preclude bidders from proceeding to the next stage of the process

EVALUATION

SECTION 3

Sections D, E1, E2, F, G and H will be scored as per the guidelines set out below. Failure to achieve 50% of the total available marks overall for Appendix 5 will preclude bidders from proceeding to the next stage of the process

Scoring guidance Section D Marking Points 0-2 3-6 7-10 Description Under developed procedures for quality management Evidence of quality management systems employed with some areas under developed or insufficient evidence of implementation Well considered and developed quality management procedures with all aspects considered and evidence of implementation

Section E1 Marking Points 0-2 3-6 7-10 Description Little or no evidence of technical ability shown Some evidence of technical ability shown Strong evidence of technical ability. Relevant examples of skill sets of staff and management, and details of efficiency experience and reliability

Section E2 Marking Points 0-2 3-6 Description Little or no experience in the installation of PV systems, little or no evidence of previous contracts Some evidence of experience in the installation of PV systems or similar projects and/or references provided do not strongly commend the bidder in respect of the experience offered. Strong evidence of experience in the installation of PV systems or similar projects. Evidence includes strong support from references provided.

7-10

EVALUATION
Section F Marking Points 0-2 3-6 7-10 Section G Marking Points 0-2 3-6 Description Description Poorly evidenced Health and Safety arrangements

SECTION 3

Well developed Health and Safety arrangements and/or lacking evidence of strong evaluation and monitoring process Fully developed Health and Safety policy and procedures, with strong evaluation and monitoring process

Little or no understanding of Equalities and Diversity or of the implications of E&D Fair understanding of Equalities and Diversity and the issues and implications of E&D and/or insufficient evidence of good practice in terms of implementation/processes Fully developed Equalities and Diversity policy and procedures, with strong monitoring and learning evidence.

7-10

Section H Marking Points 0-2 3-6 7-10 Description Little evidence of environmental awareness/ implementation of actions to improve/mitigate environmental impacts Some evidence of environmental awareness with procedures detailed Evidence of environmental statement, ideally working to ISO 14001 principles. Copy of policy enclosed and results of environmental audit provided

4.5

All Bids which are not rejected pursuant to the above shall proceed to the Second Stage Evaluation.

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EVALUATION
5. SECOND STAGE EVALUATION

SECTION 3

The criteria for appointment to the Framework and award of any works pursuant to the Framework is the most economically advantageous tender having regard to the following criteria to which the weightings given will be applied:

Overall Net Assumed Profit (60%); Quality of methodology for delivery of service (40%)

The total points available are 400 (with 240 points being available for the Overall Net Assumed Profit and 160 points being available for the assessment of methodology from the Method Statement. Overall Net Assumed Profit As explained in Section 2 Part B of this ITT, Bidders are required to complete the spreadsheets set out in Appendix 4 (showing costs and expected energy production capacities and efficiencies over the expected life of the installations of 25 years). A reality check will be incorporated to assess whether the prices/capacity and efficiency are reasonable and deliverable. The Trust reserves the right to reject a Tender which it reasonably considers is unaffordable or unrealistic having regard to professional advice on comparative systems and prices and comparison with information from other bids. The Trust is expecting Bidders to provide their best offer for the system arrangement which they propose for each house type/aspect to generate the best overall net profit for the Trust. There is no set pattern of the house types/aspects which will join into the scheme. In order to provide a comparison however the Trust will use models of different house type/aspect groupings to generate an overall assumed net profit from each bid. The Trust will use these figures to determine the value score for each bid. The models will not be disclosed to Bidders prior to bidding as this represents the Trusts assessment for evaluation purposes only and its disclosure might encourage unrealistic or abnormal bids for particular house types/aspects. The bid which provides the greatest assumed net profit using the Trusts models will score 100 points. All other bids will be marked out of 100 to reflect the percentage difference between that assumed net profit figure and the greatest assumed net profit. This is shown by the following formula: (Overall Assumed Net Profit of Tender A Highest Overall Assumed Net Profit) x 100

Method Statements
Marks will be allocated dependant on the quality of each method statement out of a total of 10 marks for each method statement which will then be weighted to produce the total marks available for that Method Statement shown in Section 2 Part B. Allocation of marks will take place in accordance with the following tables:

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EVALUATION
Question 1. Risk management Points 0-2 3-5 6-9 9-10

SECTION 3

Description Inadequate mitigation techniques, leaving the Trust with significant risk Insufficient mitigation techniques, some risk remains Sufficient mitigation techniques employed, remaining risk is manageable Risks fully mitigated

Question 2. Supply chain management Points 0-3 4-6 7-10 Description Supply chain not identified sufficiently with poor proposals to obtain value for money and certainty of supply Main aspects of supply chain identified, with unclear proposals for obtaining value for money, and certainty of supply All aspects of the supply chain identified and engaged, with clear proposals for obtaining value for money, and certainty of supply established

Question 3. Planning techniques Points 0-3 4-6 7-10 Description Poor identification of key aspects with minimal planning techniques employed Majority of key aspects identified with partially developed delivery plan Identify all key aspects of the project with fully developed and timely delivery plan for each key stage. Have contingency planning in place. Have fully developed proposals for contract management and communication throughout the teams

Question 4. Sustainability and environmental issues Points 0-3 4-6 7-10 Description Poor identification of key aspects with minimal planning techniques employed Majority of key aspects identified with some evidence of management techniques used to minimise their environmental impact Identify all environmental aspects of the project and provide evidence of management techniques used to minimise their environmental impact

12

EVALUATION
Question 5. Resident liaison Points 0-3 4-6 7-10

SECTION 3

Description Basic or no grasp of customer relationships or recognition of the importance of customers Partially developed customer care procedures. Identification of client group. Fully developed customer care procedures, evidence of how services developed using customer feedback. Identification of client group. Provision of information, education, reassurance and training in the use of PV systems. Developed information packs

Question 6. Regeneration and training Points 0-3 4-6 7-10 Description No clear culture of training and development with the organisation Partially developed training programme. Some identification and evidence of staff training and development. Fully developed and established training programme. Identification and evidence of staff training and development. Clear vision of how this project would have a positive impact on social, environmental and economic wellbeing of the area.

6.

ACCEPTANCE OF TENDERS The Trust, however, does not bind itself to accept the lowest or any or all of the tenders submitted in response to this enquiry. CALL- OFF/ALLOCATION OF WORK The arrangements for appointment of successful Bidders to each Lot and allocation of work within each Lot are explained in Section 1 paragraphs 6 and 7.

6.1
7. 7.1

8. 8.1

NOTIFICATION TO BIDDERS Following appointment of the preferred bidder, first reserve bidder and second reserve bidder for each Lot, the Trust will notify all Bidders of the appointments, providing comparative information to enable them to identify the reason for the award. This may include the estimated costs/revenues of each of the bids according to the model used in the evaluation of the most economically advantageous tender and other relevant details of the successful Bidders offers.

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APPENDIX 1
FORM OF TENDER SOLAR PHOTOVOLTAIC PANEL CONTRACT to NEWPORT HOUSING TRUST (the Trust) Having examined the Invitation to Tender ("ITT") and its accompanying documents, and being fully satisfied in all respects with the requirements of the conditions and the contract documents, I/We hereby offer to provide the Services (as defined in and pursuant to the proposed Agreement) in accordance with the requirements of the ITT as amended or supplemented by the proposals (including the Method Statements) comprised in this Tender for the payments proposed in the completed Appendix 4 of the ITT, for the term of and in accordance with the provisions of the said documents. If this offer is accepted I/we will execute documents in the form of the contract documents within 14 days of being called upon to do so. Accompanying this bid are the following documents submitted in accordance with the ITT:

Certificate as to collusive tendering and canvassing (Appendix 2) Insurance Proposal (Appendix 3) Payment and Performance Proposal (Appendix 4) Finance, Technical Experience and Legal Standing (Appendix 5) Method Statements

SIGNED POSITION

...................................................................................... ......................................................................................

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APPENDIX 2 CERTIFICATE AS TO NO CANVASSING and NO COLLUSIVE TENDERING to NEWPORT HOUSING TRUST (the Trust) The essence of the public procurement process is that the Trust shall receive bona fide competitive bids from all Bidders. In recognition of this principle I/We certify that this is a bona fide bid, intended to be competitive and that I/we have not fixed or adjusted the amount of the bid or the rates and prices quoted by or under or in accordance with any agreement or arrangement with any other party. I/We certify that the information supplied in our tender is accurate to the best of my/our knowledge and understanding. I/We understand and accept that false information could result in exclusion from the select list of tenderers. I/We also understand that it is a criminal offence, punishable by imprisonment, to corruptly give or offer any gift or consideration whatsoever as an inducement or reward to any servant of a public body. I/We also understand that any such action will empower the Trust to cancel any contract currently in force and will result in exclusion from the select list. I/We hereby certify that I/we have not canvassed any member, employee, agent or contractor of the Trust in connection with the award of the contract for the project or any other proposed contract for similar Services and that no person employed by me/us or acting on my/our behalf has done any such act. I/We further hereby undertake that I/we will not in the future canvass or solicit any member, employee, agent or contractor of the Trust in connection with the award of the contract for the project or any proposed contract for such Services and that no person employed by me/us or acting on my/our behalf will do any such act. I/We also certify that I/we have not done and undertake that I/we will not do at any time any of the following acts: a) b) c) communicate to a party other than the Trust the amount or approximate amount of my/our proposed bid (other than in confidence in order to obtain quotations necessary for the preparation of the bid for insurance), enter into any agreement or arrangement with any other party that he shall refrain from bidding or as to the amount of any bid to be submitted, or offer or agree to pay or give or pay or give any sum of money inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused any act or omission to be done in relation to any other bid or the proposed bid.

29

In this Certificate: 1 the word person includes any person, body or association, corporate or incorporate the phrase any agreement or arrangement includes any transaction, formal or informal whether legally binding or not. SIGNED POSITION ...................................................................................... ......................................................................................

SIGNED POSITION

...................................................................................... ......................................................................................

On behalf of .............................................................................................. Date ........................................................................................................

This undertaking is to be signed by the Applicant, a Partner or authorised representative in her/his own name and on behalf of the firm.

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APPENDIX 3 INSURANCE FORM Summary of Details of Proposed Insurances Summary of Details of Proposed Insurances Public Liability Employers Liability Limit/Sum Insured [ ]m [ ]m Main Insurer Excess Aggregate Excess

Please confirm if the insurance in either case does not currently meet the Trusts Requirements as set out in Section 2 Part B that the Bidder will obtain such insurance/extend the insurances to meet those requirements if it is appointed to the Framework YES/NO

31

APPENDIX 4 PAYMENT AND PERFORMANCE PROPOSAL

32

APPENDIX 5 FINANCE, TECHNICAL EXPERIENCE AND LEGAL STANDING INFORMATION TO SATISFY MINIMUM REQUIREMENTS
These questions identify information which is required by the Trust in order to assess the suitability of Bidders in terms of their technical knowledge and experience, capability/capacity, organisational and financial standing to meet the requirement. It is envisaged that Bidders will comprise the designer/installation contractor and the supplier/manufacturer of the panels, inverter and cables and associated equipment. Those parties may organise themselves to bid as a consortium or as main contractor with an identified supply chain. Warranties direct to the Trust will be expected from the supplier of the panels and inverter. No subcontracting will be allowed if it is not clearly identified in this submission. The term Relevant Organisation in this Questionnaire refers to all consortium members and/or significant sub-contractors (which for the avoidance of doubt will include the suppliers of the panels and inverter). Each Relevant Organisation is required to complete the relevant questions in this PreQualification Questionnaire. In some cases, a Relevant Organisation may not be able to give all of the information requested directly. In these circumstances, please identify clearly where a Relevant Organisation is providing information on behalf of another. Where the proposed prime contractor is a special purpose vehicle, or holding company, which will call upon the resources and expertise of its members to fulfil the Trusts requirement, the company and those members will each be Relevant Organisations and the role/extent of the support must be clearly set out in the answers to the following questions. It is particularly important to the Trust that it should be able to rely on such provision of resources and expertise as are to be taken into account in this assessment. Accordingly direct warranties and/or parent company guarantees will be required from each of them. You are required in the questions to provide confirmation from each such person that they will provide such guarantee and warranties if required by the Trust. The Trust may disqualify any Bidder who fails to:
1. 2.

Comply with the requirements of Regulation 23 of the Public Contracts Regulations 2006 and/or fails to confirm that it has fulfilled these requirements; or Provide a satisfactory response to any questions contained in this Appendix or inadequately or incorrectly completes any question

Responses must enable the Trust to assess the overall service proposed. The Trust may also seek independent financial and market advice to validate information declared or to assist in the evaluation.

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SECTION A. GENERAL INFORMATION

Questions A1 to A6 are to be completed by the lead Bidder, or if the Bidder is a sole organisation, that organisation. A1. Name of the organisation that will act as lead Bidder for this project, and names of each of the Relevant Organisations: Lead Organisation: Relevant Organisations: 1. 2. 3. 4. 5. 6.

A2.

Name and contact details for principal contact: Name: Position: Address:

E-mail: Telephone: Office Mobile Facsimile:

A3.

Registered Office and registered number and date of registration if a company:

33

Registered Office: Registered Number: Date of registration:

A4.

Specify the services that each Relevant Organisation will deliver: Relevant Organisation 1. 2. 3. Services to be delivered

A5.

Provide an organisation chart and details of the relationship between the Relevant Organisations

A6.

Provide details of the likely share holding of each Relevant Organisation in the service delivery vehicle for this contract (where relevant).

34

35

Questions B to H are to be completed by each Relevant Organisation on separate sheets, if applicable

SECTION B. RELEVANT ORGANISATIONS GENERAL INFORMATION

B1. Name of Organisation:

B2.

Provide details of registered office and registered number and date of registration of company. If not a company, provide status of organisation, including details of the trading address. Registered Office: Registered Number: Date of registration:

B3.

Nature of the Relevant organisation, e.g. sole trader, partnership, private limited company, public limited company, or other

B4.

If the Relevant Organisation is a limited company, is it a subsidiary of another company? If so, provide details of the name of the holding or parent company.

B5.

Provide details of any court actions and/or industrial tribunal hearings in which the Relevant Organisation has been involved over the last three years.

36

B6.

Provide details of any such court actions and/or industrial tribunal hearings that are currently outstanding against the Relevant Organisation.

B7.

Please confirm that, to the best of your knowledge, the Relevant Organisation is not in breach of the provisions of Regulation 23 of the Public Contracts Regulations 2006 (as amended) and in particular that the Relevant Organisation or its directors or any other person who has powers of representation, decision or control of the named organisation has not been convicted of any of the following offences: (a) conspiracy within the meaning of section 1 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA (as amended); corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906 (as amended); the offence of bribery, or contravention of the Bribery Act 2010; fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of:

(b) (c) (d)

the offence of cheating the Revenue; the offence of conspiracy to defraud; fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978; fraudulent trading within the meaning of section 458 of the Companies Act 1985 or section 993 of the Companies Act 2006; defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994; an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993; or

37

destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968;

(e) (f)

money laundering within the meaning of the Money Laundering Regulations 2003 or Money Laundering Regulations 2007; or 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.

B8

Provide confirmation that there are no grounds applicable to the Relevant Organisation pursuant to which a Bidder may be rejected under DIRECTIVE 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts). The Relevant Organisation confirms that: (a) being an individual is not bankrupt or has not had a receiving order or administration order or bankruptcy restrictions order made against him or has not made any composition or arrangement with or for the benefit of his creditors or has not made any conveyance or assignment for the benefit of his creditors or does not appear 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 not granted a trust deed for creditors or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of his estate, or is not the subject of any similar procedure under the law of any other state; being a partnership constituted under Scots law has not granted a trust deed or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of its estate; being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has not passed a resolution or is not the subject of an order by the court for the companys winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, nor had a receiver, manager or administrator on behalf of a creditor appointed in respect of the companys business or any part thereof or is not the subject of similar procedures under the law of any other state; has not been convicted of a criminal offence relating to the conduct of his business or profession; has not committed an act of grave misconduct in the course of his business or profession; has fulfilled 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 the organisation is established; has fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established; is not guilty of serious misrepresentation in providing any information required of him under this regulation; in relation to procedures for the award of a public services contract, is licensed in the relevant State in which he is established or is a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services

(b)

(c)

(d) (e) (f)

(g) (h) (i)

38

to be provided under the contract by a person who is not so licensed or who is not such a member..

The Trust may seek evidence at a later date, in confirmation of your answers

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SECTION C. FINANCIAL INFORMATION

In the case of a Relevant Organisation which is the contractor who will install the photovoltaic system, the Trust requires a minimum average of 1m turnover per year measured over the last three years (or less if applicable) of trading. In the case of a Relevant Organisation which is the supplier of the photovoltaic panels and/or the inverter the Trust requires a minimum average of 10m turnover per year measured over the last three years (or less if applicable) of trading. In each case the Relevant Organisations current acid test ratio must exceed 1. The acid test ratio indicates whether a firm has enough short-term assets to cover its immediate liabilities without selling inventory. The acid-test ratio is far more strenuous than the working capital ratio, primarily because the working capital ratio allows for the inclusion of inventory assets. The acid test ratio is calculated by: (Cash + Accounts Receivable + Short term investments) Current Liabilities C1. Name and details of the contact person in the Relevant Organisation who has responsibility for financial matters
Name: Position: Telephone:

C2.

Name and address of the principal banker for the Relevant Organisation from whom references may be sought and provide the account details. (Please confirm by means of a letter on headed paper of the Relevant Organisation, signed by an authorised signatory, that the Trust may obtain a financial reference from your bank. The letter should include an instruction to send the invoice for the cost incurred by the bank to your company and not the Trust).
Name: Address:

Account in the name of:

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C3.

Provide details of the Relevant Organisations overall turnover for the previous three financial years. Year: Overall Turnover Year: Year:

C4.

Please confirm that the Relevant Organisations current acid test ratio exceeds 1. YES/NO

The Trust reserves the right to require copies of the full audited accounts for each of those years from any Relevant Organisation to confirm the information provided. Where audited accounts for the most recent year are not available the Trust will require the most recent draft accounts and a signed letter from a Director of the organisation to confirm they provide a genuine and as accurate (to the best of their knowledge) representation of the financial position of the organisation. The Trust also reserves the right to review and calculate the acid test ratio for itself. Any discrepancy found (whether in the stated turnover or the acid test ratio as a result of the Trusts examination and/or review) may result in immediate disqualification. C5 Provide a letter from the Relevant Organisation or its guarantor confirming it will provide the support to the SPV/holding company referred to in the earlier questions and will provide guarantee and warranties to the Trust in respect thereof.

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SECTION D. QUALITY ASSURANCE

D1. Does the Relevant Organisation hold a recognised quality assurance accreditation, for example BS/EN/ISO 9000 or equivalent? D2. If you do hold a recognised quality assurance accreditation, please provide details of the accreditation body, when the accreditation was awarded, and to which business functions the accreditation applies. Please provide proof of certification. D3. If not, does the Relevant Organisation have a quality assurance system*? D4. If you do not have a quality accreditation system, please give reasons.

Yes / No

Limited to 200 words Yes / No

Limited to 200 words D5 If you do not have an accredited quality assurance system please provide details of the system operates, how and by whom it is managed and maintained, how practice is checked for compliance and if any steps are being taken to achieve accreditation (and the stage reached if that is the case). Limited to 200 words * System means processes and procedures to ensure that the subject is properly managed. This includes making sure that legal requirements are met

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SECTION E: TECHNICAL ABILITY

E1 Please provide details of the Relevant Organisations technical ability to perform the contract, including details of skills, efficiency, experience and reliability relevant to the contract. Details of the Relevant Organisations technical ability

Limited to 300 words

E2

Please provide information relating to the Relevant Organisations experience of undertaking a role similar to that proposed for this contract in relation to similar work (ie relating to photovoltaic installations) Relevant Organisations should provide details of up to three significant private or public sector contracts for the supply of goods, services or works in which it has been involved during the past three years. Please ensure that the organisations/companies listed would be willing to provide a reference for you and be willing to discuss the Relevant Organisations performance with the Trust. The Trust reserves the right to contact any or all of these companies for a reference and may wish to visit their premises. In the event of any discrepancy between the information provided in answer to this question and the feedback obtained from the references, the Trust may reject the bid. Customer name and address Contact name, telephone number and email address Date contract awarded plus, start and finish dates Brief description of contract (and value) Description of role undertaken

1. 2. 3.

E3

In the case of the Relevant Organisation which is installing the solar panels please confirm that the company is Micro Generation Certification Scheme (MCS) registered for the Installation of Solar Panels YES/NO

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E4

In the event that it is not MCS registered please provide details of equivalent accreditation and evidence that this has been accepted for the purpose of accreditation of installations under the FIT scheme. Where the Relevant Organisation is the supplier/manufacturer of the photovoltaic panels or the inverters please confirm that the Relevant Organisation will provide a warranty to the Trust in respect of those items which the Relevant Organisation is supplying which matches the Trusts Requirements set out in Section 2 Part B of the ITT YES/NO

E5

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SECTION F: HEALTH AND SAFETY

F1. Please enclose a fully signed and dated copy of the Relevant Organisations Health and Safety General Policy Statement.

Policy Statement enclosed

Yes/No

F2.

Please enclose a copy of the Relevant Organisations general Health and Safety Organisation and Arrangements.

Copy of Health and Safety Organisation and Arrangements enclosed

Yes/No

F3.

Please provide details of how the Relevant Organisations Health and Safety policies and procedures are conveyed to your staff, administered and monitored throughout the organisation.

Limited to 200 words

F4.

Please give details of any accidents or incidents reported to the Health and Safety Executive in the past three years for the Relevant Organisation.

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F5.

Please give details of any improvement notices, prohibition notices, and convictions against the Relevant Organisation under HSE legislation in past three years.

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SECTION G: EQUALITIES
G1 In the last three years has any finding of unlawful discrimination or harassment been made against the Relevant Organisation by any court or Employment Tribunal, Employment Appeal Tribunal or any other comparable proceedings? YES/NO G2 In the last three years has the Relevant Organisation been the subject of a formal investigation by the Equality and Human Rights Commission or any of its predecessor bodies or any comparable body on the grounds of alleged unlawful discrimination? YES/NO G3 If you answered YES to either G.1 or G.2, what was the finding of the court or tribunal or investigation, and if unlawful discrimination was found what steps has the relevant Organisation taken to prevent recurrence?

G4

Does the relevant Organisation observe as far as is appropriate and reasonably practicable the Codes of Practice issued by the Equality and Human Rights Commission or any of it predecessor bodies, which gives practical guidance to employers and others on the elimination of discrimination and the promotion of equality of opportunity (please enclose evidence where YES is ticked)? YES/NO

G5

Does the relevant Organisation have an Equal Opportunities Policy? YES/NO

If YES does it cover each of the following:

Disability Discrimination? Sex Discrimination? Racial Discrimination?

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Age Discrimination? Discrimination on the basis of sexual orientation?

G6

Please provide a copy of the relevant Organisations Equal Opportunities Policy together with an explanation of how you go about ensuring the policy is implemented. Enclosed?

G7

What monitoring arrangements does the relevant Organisation have in place to measure the effectiveness of the equal opportunities policies?

G8

In the last three years has any employee in the Relevant Organisation submitted a grievance based on discrimination? YES/NO If YES please provide brief details including the finding of any investigation, and if discrimination was found what steps were taken to prevent recurrence?

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SECTION H: ENVIRONMENTAL
H1 Does the relevant Organisation have an environmental policy or statement of principles which details your approach to environmental issues? YES/NO If YES, please enclose a copy of such policies. Enclosed?

H2

Has the relevant Organisation undergone an environmental audit? YES/NO If YES, please provide the date(s) and brief findings.

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APPENDIX 6 FORM OF AGREEMENT

To follow

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APPENDIX 7 PV SYSTEM EQUIPMENT SPECIFICATION System requirements This specification is appropriate for up to 3.6kWp photovoltaic systems fitted to the domestic premises within this scheme (Newport Housing Trust Bungalows). It defines a generic specification for equipment, which, if correctly incorporated into a system design, and well-installed, will provide optimal performance. High performance has been stated as a requirement. Some flexibility has been allowed in terms of number and size of modules and electrical configuration as these depend on roof geometry of individual dwellings. Simple, plug-together system components are specified in order to aid system installation, safety and maintenance.

PV Modules The modules shall: M1. M2. M3. M4. M5. M6. M7. M8. be of silicon semiconductor type be MCS approved carry a CE mark be tested to IEC61215 by an accredited test laboratory be safety tested to IEC61730 by an accredited test laboratory have a verified efficiency of at least 17.0% be double-insulated by construction be supplied with double-insulated, weather-proof flying lead cables

M9. be supplied with purpose-designed, weather-proof and touch-proof terminations on both poles M10. M11. M12. M13. have a rated output power tolerance of +10% / -5%, or tighter have a product guarantee of at least 5 years have a power guarantee of at least 80% after 20 years be supplied with a traceable serial number

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M14. M15.

be capable of connection in 1 or 2 strings to make up an array of approximately 3.6kWp be suitable for a grid-connected system

Inverter specification (1 per system) The Inverter shall: I1. I2. I3. I4. I5. I6. I7. I8. I9. be pre-configured for connection to the UK grid and shall have a G83 type test certificate be of single phase type have a Euro efficiency of at least 95% have DC connection receptacles designed to accept touch-proof PV connectors matching supplied cabling incorporate a display or indicators showing basic system status and either incorporate a display showing instantaneous power and cumulative energy or be supplied with a remote monitoring device or both incorporate a maximum power point tracker capable of operation with the abovespecified PV modules throughout all expected temperature and insolation ranges for 3.6kWp PV systems, have a rated power between 2.85kW and 3.8kW be capable of accepting the maximum open circuit voltage and maximum short circuit current of the specified modules (in 1 or 2 strings, as appropriate) without damage or malfunction have an ingress protection rating of at least IP44 if mounted indoors, IP55 for outdoor mounting have a product guarantee of at least 5 years

I10. I11.

Mounting frame Any mounting frames supplied shall: F1. Conform with MIS3002 sections 4.4.3

General

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G1.

All other parts of the system shall conform to the DTI guide; "Photovoltaics in Buildings Guide to the installation of PV systems. 2nd Edition 2006" (DTI publication DTI/pub URN 06/1972), sections 2.1 (for DC components) and 2.3 (for AC components). This includes DC isolators, AC isolators, cable and connector specifications. An approved generation meter must be supplied as per MCS Metering Guidance (www.microgenerationcertification.org) All equipment shall be supplied new and undamaged All equipment shall be supplied with the manufacturers installation instructions, user manual, O&M manual and guarantees, where these exist All efficiencies of panels that contain amorphous silicone shall have their efficiency declared post Staebler-Wronski effect degradation.

G2. G3. G4. G5.

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APPENDIX 8 HOUSE TYPES

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