Tender Response Open Procedure: Antibiotics Resistance Macro Game SCM1155M

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Thank you for registering to Science Museum Group’s e-tendering service and downloading this

Tender Response Template


Please read the information provided in the Invitation to Tender (ITT) and provide your response
using this Template

TENDER RESPONSE OPEN PROCEDURE


Antibiotics Resistance Macro Game
SCM1155M

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Tender Response Documents
The Tenderers’ Response to the ITT will be compliance checked and evaluated. The following
provides Tenderers with the format for response and details the key areas within their response that
must be addressed. Tenderers shall ensure that their overall Response includes evidence of
providing/addressing all of these areas. Tenderers must ensure that a yes response is given against
each area and the table of Schedules. In the event that a Tenderer is unable to provide a yes
response, the Tenderer shall provide a detailed reason as to why a response cannot be given. The
Authority may seek to clarify Responses given by a Tenderer but reserves the right to reject any
Tender Response, which fails to meet this initial compliance check.
The Tenderers’ should complete the following Schedules and provide additional information if
required.

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Schedule 1: Form of Tender
TO BE COMPLETED BY THE TENDERER
To: [Tenderer to insert]
Date: [Tenderer to insert date]
PROVISION OF: [insert title of requirements from front sheet of ITT]
REFERENCE NUMBER: [insert Contract reference no]
To: The Authority
From: [Tenderer to insert name of organisation submitting Tender]
Having examined the Invitation to Tender and all other Schedules, and being fully satisfied in all
respects with the requirements of the ITT (including the Conditions of Tender). I/We hereby offer to
provide Antibiotics Resistance Macro Game as specified in this Tender Response for the term of 1
and in accordance with the provisions of the Agreement. If this offer is accepted I/we will execute
documents in the form of the Agreement within 30 days of being called upon to do so.
I/We confirm that I/we agree with the Authority in legally binding terms to comply with the
provisions relating to confidentiality set out in paragraphs 3.1 to 3.4 of the Invitation to Tender.
In compliance with your requirements as set out in this ITT I have which I
confirm I have read, fully understand, completed and enclosed the
following documents:
Compliant
Description Comments
Yes/No
Schedule One – Form of Tender

Schedule Two – Collusive Tendering

Schedule Three – Canvassing

Schedule Four – Response to Tender

Schedule Five – Pricing

Schedule Six – Amendments to


proposed Contract

Schedule Seven – Additional


information

This Tender shall remain open for acceptance by the Authority for a period of 120 days as Section 2:
Paragraph 5.1 after the due date for return of tenders specified in the Invitation to Tender.
I warrant that I have all the requisite corporate authority to sign this Tender and confirm that I have
complied with all the requirements set out in the ITT.

Signed for and on behalf of the above named Tenderer:

Signature:

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Position:

Signature:

Position:

Date:

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Schedule 2: Collusive Tendering
The essence of the public procurement process is that the Authority shall receive bona fide
competitive Tenders from all Tenderers. In recognition of this principle and in signing Schedule 1:
Form of Tender I/we warrant this is a bona fide Tender, intended to be competitive and that I/we
have not fixed or adjusted the amount of the Tender or the rates and prices quoted by or under or
in accordance with any agreement or arrangement with any other party.
I/We also confirm that I/we have not done and undertake that I/we will not do at any time any of
the following acts:
Communicate to a party other than the Authority the amount or approximate amount of my/our
proposed Tender (other than in confidence in order to obtain quotations necessary for the
preparation of the Tender and/or insurance), enter into any agreement or arrangement with any
other party that he shall refrain from tendering or as to the amount of any Tender 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 tender or the proposed Tender.
In this Schedule:
 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.

Schedule 3: Canvassing
I/We hereby confirm that I/we have not canvassed any member, officer, employee, or agent of the
Authority in connection with the award of the Antibiotics Resistance Macro Game
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 prior to the conclusion of the Provider selection
process canvass or solicit any member, employee, agent or provider of the Authority in connection
with the award of the Antibiotics Resistance Macro Game or any proposed Call Off Contract for the
provision of the Antibiotics Resistance Macro Game
and that no person employed by me/us or acting on my/our behalf will do any such act.
I/We further acknowledge that, should I/we be appointed as a Provider to the Framework
following the conclusion of the Provider selection process, the Authority will permit me/us to
approach the Authority directly in order the promote the Agreement.

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Schedule 4: Tender Response
Tenderer’s to complete this Schedule.

1 EXECUTIVE SUMMARY
1.1 The executive summary should focus on the key features of the Tenderer’s Response including all
key assumptions made by the Tenderer (but excluding all pricing/financial information)
1.2 The objective of the executive summary is to provide the Authority with a clear, concise and
complete summary of the Tenderer’s Response together with an insight into the reasoning and
rationale behind the Response.
1.3 The executive summary should be no more than 4 pages of A4 text highlighting the key strengths
of the Response to demonstrate how the Tender represents value for money to the Authority.
1.4 It is intended that the executive summary should provide a useful introduction to the Response for
evaluators, as well as senior stakeholders who may not be involved in the detailed evaluation
1.5 Whilst the executive summary will not be formally evaluated, it will be scrutinised for consistency
with your Response and clarification will be sought if required.
1.6 The executive summary must only contain information drawn from other areas of your Response
and must not contain any new material. Whilst diagrams and photographs may be used, they
should be high level and should not be used to support other parts of the Response where more
detailed information is required

Executive Summary

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Section 1: Organisation Information
1. ORGANISATION DETAILS
Company Name      
Registered Office Address      
Town/City      
Postcode      
Country      
Website      
Company Registration Number      
VAT Registration Number      
Type of Organisation Public Limited Company
Limited Company
Limited Liability Partnership
Other Partnership
Sole Trader
Other (please specify):      
2. CONTACT POINT (CONTACT FOR ENQUIRIES ABOUT THIS TENDER RESPONSE)
Name      
Position      
Telephone Number      
Mobile Number      
E-mail address      

3. BRIEF HISTORY OF THE POTENTIAL PROVIDERS ORGAnisation


In no more than 400 words please      
give details of any parent and
associated companies and any
changes of ownership over the last 5
years including details of significant
pending developments, changes in
financial structure or ownership,
prospective take-over bids, buy-outs
and closures, etc. which are currently
in the public domain.

4. CONSORTIA AND SUBCONTRACTING


All Potential Providers should answer question (a) below. Where a Potential Provider at this stage of
the process intends to sub-contract they should also answer questions (b) and (c) below.
Where a Potential Provider becomes aware of the intention to subcontract at later stages in the
procurement they are required to notify the Science Museum Group of this and provide the information

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requested below at that time.
a) Your organisation alone intends to provide the services required Yes No
b) Your organisation is the Prime Contractor and intends to use third
Yes No
parties to provide some services
c) The Potential Provider is a Consortium Yes No
If your answer to (b) or (c) is Yes, please indicate in a separate annex (by inserting the relevant
company/organisation name) the composition of the supply chain, indicating which member of the
supply chain (which may include the Potential Provider solely or together with other providers) will be
responsible for the elements of the requirement.
5. Questions for Non-UK Bussinesses
Registration with professional body      

Is your business registered with the


appropriate trade or professional register(s)
in the EU member state where it is
established (as set out in Annexes IX A-C of
Directive 2004/18/EC) under the conditions
laid down by that member state).

     
Is it a legal requirement in the State where
you are established for you to be licensed or
a member of a relevant organisation in
order to provide the requirement in this
procurement? If yes, please provide details
of what is required and confirm that you
have complied with this.

Section 2: Grounds for mandatory rejection

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Important Notice:
In some circumstances the Authority is required by law to exclude you from participating further in a
procurement. If you cannot answer ‘no’ to every question in this section it is very unlikely that your
application will be accepted, and you should contact us for advice before completing this form.
Please state ‘Yes’ or ‘No’ to each question.
Has your organisation or any directors or partner or any other person who
has powers of representation, decision or control been convicted of any of Answer
the following offences?
(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act
1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern
Ireland) Order 1983 where that conspiracy relates to participation in a
criminal organisation as defined in Article 2 of Council Framework
Decision 2008/841/JHA on the fight against organised crime;;
(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt
Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906
(as amended);
(c) the common law offence of bribery;
(d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010; or
section 113 of the Representation of the People Act 1983
(e) 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
Communities, within the meaning of:
(i) the offence of cheating the Revenue;
(ii) the offence of conspiracy to defraud;
(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft
Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft
(Northern Ireland) Order 1978
(iv) fraudulent trading within the meaning of section 458 of the
Companies Act 1985, article 451 of the Companies (Northern
Ireland) Order 1986 or section 993 of the Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of the
Customs and Excise Management Act 1979 or section 72 of the
Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European
Community within the meaning of section 71 of the Criminal
Justice Act 1993; or
(vii) 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 or section 19 of the Theft Act (Northern
Ireland) 1969;
(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act
2006; or
(ix) the possession of articles for use in frauds within the meaning of
section 6 of the Fraud Act 2006, or the making, adapting,
supplying or offering to supply articles for use in frauds within the

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meaning of section 7 of that Act;
(f) any offence listed—
(i) in section 41 of the Counter Terrorism Act 2008; or
(ii) in Schedule 2 to that Act where the court has determined that
there is a terrorist connection;
(g) any offence under sections 44 to 46 of the Serious Crime Act 2007 which
relates to an offence covered by subparagraph (f);
(h) money laundering within the meaning of sections 340(11) and 415 of the
Proceeds of Crime Act 2002;
(i) an offence in connection with the proceeds of criminal conduct within
the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or
article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order
1996;
(j) an offence under section 4 of the Asylum and Immigration (Treatment of
Claimants etc.) Act 2004;
(k) an offence under section 59A of the Sexual Offences Act 2003;
(l) an offence under section 71 of the Coroners and Justice Act 2009
(m) an offence in connection with the proceeds of drug trafficking within the
meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or
(n) any other offence within the meaning of Article 57(1) of the Public
Contracts Directive—
(i) as defined by the law of any jurisdiction outside England and
Wales and Northern Ireland; or
(ii) created, after the day on which these Regulations were made, in
the law of England and Wales or Northern Ireland.
Non-payment of taxes Answer
Has it been established by a judicial or administrative decision having final and
binding effect in accordance with the legal provisions of any part of the United
Kingdom or the legal provisions of the country in which your organisation is
established (if outside the UK), that your organisation is in breach of obligations
related to the payment of tax or social security contributions?

If you have answered Yes to this question, please use a separate Appendix to
provide further details. Please also use this Appendix to confirm whether you have
paid, or have entered into a binding arrangement with a view to paying,
including, where applicable, any accrued interest and/or fines?

Section 3: Grounds for discretionary rejection Part 1

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Important Notice:
The Authority is entitled to exclude you from consideration if any of the following apply but may
decide to allow you to proceed further. If you cannot answer ‘no’ to every question it is possible that
your application might not be accepted. In the event that any of the following do apply, please set
out (in a separate Annex) full details of the relevant incident and any remedial action taken
subsequently. The information provided will be taken into account by the Authority in considering
whether or not you will be able to proceed any further in respect of this procurement exercise.
Please state ‘Yes’ or ‘No’ to each question.
Is any of the following true of your organisation? Answer
(a) being an individual,
is bankrupt or has had a receiving order or administration order or bankruptcy
restrictions order made against him or has 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 appears unable to
pay or to have no reasonable prospect of being able to pay, a debt within the
meaning of section 268 of the Insolvency Act 1986, or article 242 of the
Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed
for creditors or become otherwise apparently insolvent, or is the subject of a
petition presented for sequestration of his estate, or is the subject of any similar
procedure under the law of any other state;
(b) being a partnership constituted under Scots law,
has granted a trust deed or become otherwise apparently insolvent, or is the
subject of a petition presented for sequestration of its estate; or
(c) being a company or any other entity within the meaning of section 255 of the
Enterprise Act 2002
has passed a resolution or is the subject of an order by the court for the
company’s winding up otherwise than for the purpose of bona fide
reconstruction or amalgamation, or had a receiver, manager or administrator on
behalf of a creditor appointed in respect of the company’s business or any part
thereof or is the subject of similar procedures under the law of any other state?
Has your organisation?
(a) your organisation has violated applicable obligations referred to in regulation
56 (2) of the Public Contracts Regulations 2015 in the fields of environmental,
social and labour law established by EU law, national law, collective agreements
or by the international environmental, social and labour law provisions listed in
Annex X to the Public Contracts Directive as amended from time to time;
(b) your organisation is bankrupt or is the subject of insolvency or winding-up
proceedings, where your assets are being administered by a liquidator or by the
court, where it is in an arrangement with creditors, where its business activities
are suspended or it is in any analogous situation arising from a similar procedure
under the laws and regulations of any State;
(c) your organisation is guilty of grave professional misconduct, which renders its
integrity questionable;
(d) your organisation has entered into agreements with other economic
operators aimed at distorting competition;
(e) your organisation has a conflict of interest within the meaning of
regulation 24 of the Public Contracts Regulations 2015 that cannot be effectively
remedied by other, less intrusive, measures;
(f) the prior involvement of your organisation in the preparation of the
procurement procedure has resulted in a distortion of competition, as referred to
in regulation 41, that cannot be remedied by other, less intrusive, measures;

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(g) your organisation has shown significant or persistent deficiencies in the
performance of a substantive requirement under a prior public contract, a prior
contract with a contracting entity, or a prior concession contract, which led to
early termination of that prior contract, damages or other comparable sanctions;
(h) your organisation—
(i) has been guilty of serious misrepresentation in supplying the information
required for the verification of the absence of grounds for exclusion or the
fulfilment of the selection criteria; or
(ii) has withheld such information or is not able to submit supporting
documents under regulation 59 of the Public Contracts Regulations 2015; or
(i) Your organisation has undertaken to (i) unduly influence the decision-
making process of the contracting authority, or
(ii) obtain confidential information that may confer upon your organisation
undue advantages in the procurement procedure; or
(a) Your organisation has negligently provided misleading information that may
have material influence on decisions concerning exclusion, selection or
award

Conflicts of interest
In accordance with question 3.1 (e), the authority may exclude the Supplier if there is a conflict of
interest which cannot be effectively remedied. The concept of a conflict of interest includes any
situation where relevant staff members have, directly or indirectly, a financial, economic or other
personal interest which might be perceived to compromise their impartiality and independence in
the context of the procurement procedure.

Where there is any indication that a conflict of interest exists or may arise then it is the responsibility
of the Supplier to inform the authority, detailing the conflict in a separate Appendix. Provided that it
has been carried out in a transparent manner, routine pre-market engagement carried out by the
authority should not represent a conflict of interest for the Supplier.

Taking Account of Bidders’ Past Performance


In accordance with question (g), the authority may assess the past performance of a Supplier
(through a Certificate of Performance provided by a Customer or other means of evidence). The
authority may take into account any failure to discharge obligations under the previous principal
relevant contracts of the Supplier completing this PQQ. The authority may also assess whether
specified minimum standards for reliability for such contracts are met.

In addition, the authority may re-assess reliability based on past performance at key stages in the
procurement process (i.e. Supplier selection, tender evaluation, contract award stage etc.). Suppliers
may also be asked to update the evidence they provide in this section to reflect more recent
performance on new or existing contracts (or to confirm that nothing has changed).

‘Self-cleaning’
Any Supplier that answers ‘Yes’ to Section 4 or 5 should provide sufficient evidence, in a separate
Appendix, that provides a summary of the circumstances and any remedial action that has taken
place subsequently and effectively “self cleans” the situation referred to in that question. The
Supplier has to demonstrate it has taken such remedial action, to the satisfaction of the authority in
each case.

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If such evidence is considered by the authority (whose decision will be final) as sufficient, the
economic operator concerned shall be allowed to continue in the procurement process.

In order for the evidence referred to above to be sufficient, the Supplier shall, as a minimum, prove
that it has;
● paid or undertaken to pay compensation in respect of any damage caused by the criminal
offence or misconduct;
● clarified the facts and circumstances in a comprehensive manner by actively collaborating
with the investigating authorities; and
● taken concrete technical, organisational and personnel measures that are appropriate to
prevent further criminal offences or misconduct.

The measures taken by the Supplier shall be evaluated taking into account the gravity and particular
circumstances of the criminal offence or misconduct. Where the measures are considered by the
authority to be insufficient, the Supplier shall be given a statement of the reasons for that decision.

Section 4: Economic and Financial Standing Regulation 24


FINANCIAL INFORMATION

Please indicate which of the following you would be willing to provide if requested :-
(please indicate by checking the relevant box)

A copy of your audited accounts for the most recent two years

A statement of your turnover, profit & loss account and cash flow for the most recent year of trading

A statement of your cash flow forecast for the current year and a bank letter outlining the current
cash and credit position

Alternative means of demonstrating financial status if trading for less than a year

INSURANCE
Please self-certify whether you already have, or can commit to obtain , prior to
Yes
commencement of the contract, the levels of insurance cover indicated below:
No
Employers Liability Insurance = £5 million

Public Liability Insurance = £2 million

Professional Indemnity = £2 million

Employer’s liability insurance is a legal requirement (except for businesses employing


only the owner / close family members) and this should be at least £5 million. Please
confirm that you have this in place.

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Section 5: Technical and Professional Ability Regulation 25

EXPERIENCE AND CONTRACT EXAMPLES


Please provide information relating to the Potential Provider’s experience of contracts for similar
goods, services or works to those set out in Section 2?
Potential Providers should provide details of [3] significant private or public sector contracts for the
supply of goods, services or works which it has performed. Contracts for the supply of goods or
services should have been performed during the past three years. Works contracts may be from the
past five years.
Potential Providers should ensure that the companies listed would be willing to provide a reference
for them and be willing to discuss the Potential Provider’s performance with the Science Museum
Group. SMG reserves the right to contact any or all of these companies for a reference and may
wish to visit their premises. Please give a contact name and email address for each client.
Contract 1 Contract 2 Contract 3
Company Name

Contact Name

Contact phone number

Contact email

Contract Start Date


Contract completion
date
Total Contract Value
Brief description of
contract (max 150
words) including
evidence as to your
technical capability in
this market.
Additional Information

If you cannot provide at least one example, please briefly explain why (100 words max)

Section 6: Health and Safety

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1. Health and Safety – General Answer
Is your organisation legally obliged to have a Health and Safety Policy? Yes No
Does your organisation make sure it complies with the Health and Safety at
Yes No
Work Act 1974?
Does your organisation have a written Health and Safety Policy? Yes No
Does your organisation train its staff in Health and Safety? Yes No

STAFFING

How many staff does your organisation (including consortia


members or named sub-contractors where appropriate)
employ relevant to the carrying out of services and/or
delivery of goods similar to those required under this
contract?

Section 7: Contract Specific Questions


Contract Specific

Schedule 5: Pricing Schedule and Variations to Price


Tenderers must list below all of the proposed charges/prices to provide the Services.
 The charges/prices must cover all requirements.
 All charges/prices must be expressed in pounds sterling and should be exclusive of VAT, all
pricing information will form the basis of any resultant Agreement.

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 The price will remain fixed for the duration of the Agreement

Schedule 6: Contract and Amendments to Proposed Contract


2.1 The overarching Agreement will be between the awarding Authority and successful Provider(s).
The Authority will own the Agreement and manage the day-to-day provision of the media buying
to all Authority sites and premises.
2.2 Responsibility for strategic management of the Provider, the collection of Management
Information relating to Agreement usage and for all matters relating to the overall performance of
the Provider will rest with Authority.
2.3 The Authority is prevented from undertaking ‘negotiation’ of the draft Agreement. However,
amendments by Tenderers and/or the Authority to ‘clarify’ the terms of the Agreement are
permitted. Should Tenderers’ wish to suggest amendments to the Agreement these should be
entered below. The Authority can make no commitment to act on such suggestions.
2.4 In the event that the Authority wishes to enter into an Agreement with any Provider(s), that
Agreement will consist of the Agreement outlined in Section Five augmented with appropriate
information submitted in the Provider’s Tender. The information required to augment the
Agreement will largely be drawn from any successful Provider’s Response to the Specification and
Charges Schedules. In drafting their responses to the Specification Tenderers must be mindful of
this, and should ensure that their Responses are drafted in clear and concise terms which will
provide a basis for translation into firm contractual commitments.

3 ORDERS AND CALL OFF CONTRACTS


3.1 Call Off Contracts whether as a result of Direct Award or following Mini-Competition will be
executed by the issue of an Order by the Authority to the Provider and acceptance by the Provider
of such an Order. The Call Off Contract will be on the terms specified in the Agreement
supplemented by such details as price and quantity specified in the Order.
3.2 The Call Off Contract terms and conditions will be agreed and set out in the Agreement.
3.3 A pro-forma copy of the Order form will be agreed and set out in the Agreement.

Clause Number/Schedule Cost


Proposed Amendment With Revised Wording
ref Adjustment

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Schedule 7: Additional Requirements

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