Conditions of tendering

Suppliers that wish to participate in any Procurement are responsible for ensuring that the Central Digital Platform contains complete, accurate and up-to-date information about their organisation and any Associated Suppliers which are relevant for the purposes of this Procurement. Suppliers must notify the Cabinet Office immediately if they are unable to register on the Central Digital Platform and/or provide accurate and up-to-date information via the Central Digital Platform. We cannot accept any tender submission if your organisation is not registered on the Central Digital Platform.

The Authority can only consider tender submissions which have been fully completed. If your organisation already provides goods/works/services to the Authority you must still complete all questions in full. The Authority can only evaluate information provided as part of a tender submission.

All responses must be in English and in the format requested. If a question does not apply, state clearly ‘N/A’.

Where a word limit has been specified this will be enforced by the evaluation panel (for instance, any content over and above stated limits will not be evaluated). You are not permitted to include weblinks, screenshots or attachments unless otherwise expressly stated within the procurement specific questionnaire.

Please note that for electronic submissions, electronic signatures or the name and position of the designated person are sufficient. Please ensure that any declaration is signed and dated by an authorised person of appropriate seniority within your organisation.

Please ensure appendices are only provided where specifically requested, these should be numbered clearly and listed as part of your declaration (for instance, any appendices that are not requested will not form part of the evaluation). All electronic documents are to be submitted in either Microsoft Word, Microsoft Excel or PDF format unless otherwise stated. Submitted documents must not include embedded files.

Suppliers should note that, in accordance with general transparency obligations and procurement law obligations under the Act, the Authority routinely publishes details of its procurement processes and awarded contracts. This includes, but is not limited to:

• the contract value
   
• the identity of the successful supplier
   
• compliance with payment obligations and contract performance

Compliance with these obligations may involve the Authority taking steps without consultation with Suppliers. Where required under the Act, a copy of the contract will be published (subject to making any reasonable and proportionate redactions permitted under the Act).

Suppliers are responsible for ensuring that no actual, potential or perceived conflicts of interest (within the meaning of the Procurement Act 2023) exist between themselves and the Authority or its advisers. Suppliers must notify the Authority immediately of any actual, potential or perceived conflict of interest.

In the event of any actual, potential or perceived conflict of interest, the Authority shall in its absolute discretion decide on the appropriate course of action. The Authority reserves the right to:

1. exclude any Supplier that fails to notify the Authority of an actual, potential or perceived conflict of interest, or where an actual conflict of interest exists.
    
2. request further information from any Supplier and require any Supplier to take reasonable steps to mitigate a conflict of interest. This may include requiring any Supplier to enter into a specific conflict of interest agreement with the Authority. Failure to do so may result in the Supplier being excluded from participating in, or progressing as part of, a Procurement process.

It is for each tenderer to take appropriate legal and/or professional advice on the potential application of TUPE.

If it is the Authority’s view that TUPE does apply, TUPE information will be shared within the procurement documents where this information has been obtained by the Authority.

Tenderers should note that the Authority does not offer any indemnity to any person against any costs that may be incurred should the provisions of TUPE or the Cabinet Office Statement apply.  

While the information contained in the Authority’s tenders is believed to be correct at the time of issue, neither the Authority, its advisors, nor any other awarding authorities will accept any liability for its accuracy, adequacy or completeness, nor will any express or implied warranty be given. This exclusion extends to liability in relation to any statement, opinion or conclusion contained in or any omission from, a tender (including its appendices) and in respect of any other written or oral communication transmitted (or otherwise made available) to any Supplier. This exclusion does not extend to any fraudulent misrepresentation made by or on behalf of the Authority.

If a Supplier proposes to enter into a Contract with the Authority, it must rely on its own enquiries and on the terms and conditions set out in the Contract(s) (as and when finally executed), subject to the limitations and restrictions specified in it.

Neither the issue of this tender nor any of the information presented in it, should be regarded as a commitment or representation on the part of the Authority (or any other person) to enter into a contractual arrangement.

Whilst reserving the right to request information at any time throughout the procurement process, the Authority may enable the Supplier to self-certify that there are no mandatory/discretionary grounds for excluding their organisation. When requesting evidence that the Supplier can meet the specified requirements the Authority may choose to obtain such evidence after the final tender evaluation decision (for instance, from the winning Supplier only). 

The Authority confirms that it will keep confidential and will not disclose to third parties any information obtained from a named customer reference where requested as part of a tender, other than to the Cabinet Office, individuals involved in the procurement process and/or contracting authorities defined by the Procurement Act 2023.

As a public body, the Authority is subject to the provisions of the Freedom of Information Act 2000 (FOIA) in respect of information it holds (including third-party information). Any member of the public or other interested party may make a request for information.

The Authority shall treat all Suppliers' responses as confidential during any procurement process. Requests for information received following any procurement process shall be considered on a case-by-case basis, applying the principles of FOIA, which permits certain information to be withheld, for example where disclosure would be prejudicial to a party’s commercial interests, and in accordance with the Authority’s transparency obligations.

Suppliers are responsible for ensuring that any confidential or commercially sensitive information, the disclosure of which would be likely to diminish the Supplier’s competitive edge, has been clearly identified to the Authority in the tender submission.

All Suppliers are required to comply with all applicable requirements of the Data Protection Legislation which means:

1. The General Data Protection Regulation (Regulation (EU) 2016/679), the Law Enforcement Directive (Directive (EU) 2016/680) and any applicable national implementing laws amended from time to time;
    
2. The Data Protection Act 2018 to the extent that it relates to processing of Personal Data and privacy
    
3. All applicable law about the processing of Personal Data and privacy

In addition, all Suppliers shall have in place appropriate Protective Measures which are appropriate technical and organisational measures which may include: pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it.

Suppliers shall bear their own costs in relation to compliance with the Data Protection Legislation.

AI systems, tools and products are part of a rapidly growing and evolving market which bring about new opportunities as well as new risks.

The use of AI is not prohibited in the assistance of producing any part of a tender submission or in the delivery of any services/goods/works to the Authority however the Authority needs to understand the risks associated with the use of AI in these circumstances. As such, suppliers are required to disclose the use of AI where it has been used to assist with producing the tender submission or where AI will be used in the delivery of the contract.

No publicity regarding the Services or the award of any Contract will be permitted unless the Authority has given express written consent to the relevant communication. For example, no statements may be made to the media regarding the nature of any tender, its contents or any proposals relating to it without the prior written consent of the Authority.

Compliance

This supplier code of conduct is intended to set out the way in which we and our suppliers will behave towards each other. It is not intended to be legally enforceable, to create any legal obligations or rights, or to undermine our contracts with suppliers or the rules we set out when we procure our goods and services, which at all times shall take precedence. For the avoidance of doubt, the supplier code of conduct does not take precedence where the courts or other institutions such as a regulatory agency, authority or body have jurisdiction.

All parties and suppliers who have entered into a contractual relationship to provide goods, works and services to North Yorkshire Council, either directly or through sub-contractors, are expected to comply with all aspects of this supplier code of conduct.

Employees and service users

1.1 Respectful treatment

Our employees, those of our suppliers, and service users have the right to respectful treatment. Discrimination, harassment or victimisation will not be tolerated in the workplace or in connection with any service. Suppliers are expected to demonstrate the same commitment to their own employees

1.2 Professional behaviour

North Yorkshire Council is committed to working constructively and collaboratively with its suppliers. We expect suppliers to be willing to invest in relationships with the local authority and establish trust with our staff and any other suppliers involved in delivery. We expect providers to speak out, without fear of consequence, when a project or service is unlikely to succeed because of our behaviours or a lack of governance. We expect the same behaviour when a contract is no longer fit for purpose, for example, in its contractual stipulations or measure.

1.3 Meeting user needs

It is important that contracts with our suppliers meet the needs of service users. We will work together with suppliers to articulate these outcomes to ensure that the goods, works and services provided meet the needs of users and we expect reciprocal behaviour from suppliers.

1.4 Vulnerable users 

Some public contracts deliver services to users with particular needs including physical  or mental disabilities, medical conditions or other factors that place them in a vulnerable position (e.g. older persons and children and young people). Suppliers will ensure that all service users are treated with courtesy at all times and that their dignity, safety, security and well being is always treated as a priority. 

1.5 Human rights and employment law

Government and suppliers must comply with all applicable human rights and employment laws in the jurisdiction in which they work. Suppliers must also ensure that they have robust mechanisms in place for ensuring subcontractors in the supply chain also comply. All suppliers must comply with the provisions of the Modern Slavery Act 2015 and PPN 02/23 on Gov.uk.

Business practices

2.1 Management of risk

Our aim is to ensure that risk is allocated to the party best able to manage it. To assist us in making that judgement we will, where appropriate, engage with the market to understand its views in order to make informed decisions. We do not expect suppliers or the Authority to be made responsible for managing a risk that is best managed by the other party. We expect suppliers not to pass down risk inappropriately to subcontractors, and not to assert that they can manage risk that is in fact better managed by government. All parties should be prepared to share intelligence of supply chain risks, so that material commercial and operational risks, for example the impact of losing a key supplier, can be mitigated. We expect risks that are highlighted through the supply chain by sub-contractors and direct contracted entities are brought to light in a transparent and timely manner.

2.2 Continuous improvement

We expect suppliers to use recognised industry practices in the delivery of goods, works and services to, or on behalf of, the authority. We expect suppliers to continuously improve these goods, works and services and bring innovation, ideas and expertise to help the authority address its strategic challenges and support growth. We will endeavour to create the right conditions to allow suppliers to innovate. 

2.3 End-to-end delivery

Some of the services that the authority requires are complex, and a single supplier will have full contractual responsibility for every element. In such cases, we will endeavour to create and maintain a culture that facilitates collaboration between all suppliers and the authority to ensure the right service outcomes are achieved. In order to achieve this, we expect suppliers to be aware of how they contribute to that overall delivery. 

2.4 Value

The public expects the authority to obtain value for money for every taxpayer pound and to be able to demonstrate that long-term value to the taxpayer. This means that contracts should be priced to offer sustainable value throughout their life, including when changes are needed. Whilst we accept that our suppliers make a fair profit margin in return for the risk they are accepting and the commitments and investments they make in order to be able to deliver services for us, we expect suppliers not to exploit an incumbent or monopoly position or an urgent situation. 

We will engage constructively with suppliers in relation to any required changes and we expect suppliers to reciprocate this. We expect suppliers to work in good faith to resolve any disputes promptly and fairly during the life of a contract through good relationship management and where appropriate, contractual dispute resolution mechanisms, recognising that taxpayer and supplier interests are rarely best served by protracted litigation. 

We will seek to award contracts based on value for money, that includes price and quality, as well as appropriate social value criteria. We will measure supplier performance on relevant and proportionate indicators and apply contractual remedies for non-compliance. 

2.5 Reputation and public trust

We want to work with suppliers who are proud of their reputation for fair dealing and quality delivery. We want working with North Yorkshire Council to be seen as reputation enhancing for the supplier. We expect all parties to be mindful of the need to maintain public trust and be protective of the authority’s reputation and ensure that neither contractors nor their partners or subcontractors bring the authority into disrepute by engaging in any act or omission which is reasonably likely to diminish the trust that the public places in the authority.

2.6 Cyber security

It is essential that suppliers safeguard the integrity and security of their systems and comply with the relevant standards and guidance. 

2.7 Sustainable procurement

We expect our suppliers to be aware of, and support, the authority in complying with its legal and contractual obligations under social value legislation. We expect our suppliers to assist the authority in the understanding and reduction of supply chain impacts on our environment, and risks related to the security of raw material supply. We expect suppliers to be open and transparent in assisting the authority in reporting publicly on product or service utilisation and any environmental impacts.

2.8 Confidentiality

Suppliers are expected to comply with the provisions in our contracts and any legal requirements to protect commercial and sensitive information. The Authority and suppliers may both also be party to confidential information that is necessary to be effective partners. The information, even if it is not covered by contractual provisions, should be handled with the same care as information of similar sensitivity. Notwithstanding this mutual understanding, suppliers should recognise that this does not prevent us from disclosing information where we are compelled to do so for example, by law.

2.9 Conflicts of interest 

We expect suppliers to mitigate appropriately against any real, potential or perceived conflict of interest through their work with the authority in accordance with Procurement Policy Note 04/21: Applying Exclusions in Public Procurement, Managing Conflicts of Interest and Whistleblowing on Gov.uk. A supplier with a position of influence gained through a contract should not use that position to unfairly disadvantage any other supplier or reduce the potential for future competition, for example by creating a technical solution that locks in the supplier’s own goods or services. 

2.10 Whistleblowing

We expect suppliers to have a comprehensive whistleblowing policy which allows employees to report any incidents or concerns anonymously, safely and without repercussion. 

Standards of behaviour

3.1 Ethical behaviour

We expect the highest standards of business ethics from suppliers and their agents in the supply of goods, works and services funded by the public purse. We expect suppliers to be explicit about the standards they demand of executives, employees, partners and subcontractors and to have governance and processes in place to monitor adherence to these standards.

3.2 Counter fraud and corruption

We demand that suppliers adhere to anti-corruption laws. We expect suppliers to have robust processes to ensure that the subcontractors in their supply chain also comply with these laws. We have zero tolerance of any form of corrupt practices including extortion and fraud that we become aware of and we expect suppliers to be vigilant and proactively look for fraud, and the risk of fraud in their business. Suppliers should immediately notify the authority where fraudulent practice is suspected or uncovered and disclose any interests that might impact their decision-making or the advice that they give to the authority. We expect suppliers to act honestly, fairly and openly and to fully comply with their tax obligations.

3.3 Treatment of supply chain

We expect suppliers to deal fairly with the subcontractors and suppliers in their supply chain, including ensuring prompt payment. We expect suppliers to avoid passing down unreasonable levels of risk to subcontractors who cannot reasonably be expected to manage or carry these risks. We expect suppliers not to create barriers to the use of small and medium-sized enterprises who are qualified to provide goods, works or services, and to encourage innovation in their supply chains to increase the value or quality of supply. 

3.4 Corporate social responsibility

We expect suppliers to be good corporate citizens by upholding the values of this supplier code of conduct, taking into consideration social value legislation in delivering goods, works and services and supporting key corporate social responsibility policy areas.

Commitment

We recognise the role we play in enhancing the well-being of our community. We are committed to creating positive social impact through our supply chains. This charter outlines our principles and objectives for delivering social value working with our supply chains and communities.

Principles

Place and environment

Community approach

• we prioritise the needs and aspirations of our residents, businesses, and local organisations
• our policies and initiatives aim to improve quality of life, promote inclusivity, and address inequalities
• support grassroots projects and volunteer efforts by connecting businesses with opportunities to support local projects
• our services are accessible to all, regardless of background or ability

Environmental

• we champion sustainability, aiming for a greener, cleaner community
• projects minimise environmental impact and enhance biodiversity
• enable cleaner logistics within our supply chains
• we are committed to Net Zero by 2030
• we will work with our supply chains to understand scope three emissions and work collaboratively to aim to reduce
• we will specifically focus on working with our care sector and suppliers across our corporate estate to understand opportunities to shift to low carbon vehicles/ reduce emissions

Collaboration and engagement

• we actively engage with stakeholders, including businesses, partner organisations, communities, and service users
• collaboration fosters innovative solutions and ensures that social value is co-created
• support skills development for our and voluntary, community and social enterprise organisations around bid writing and social value with the support of GoForGrowth
• support local suppliers, small and medium-sized enterprises and voluntary, community and social enterprise organisations to develop and produce social value action plans through our work with NetPositive Futures, to further their commercial success and to enable the council to report on the maturity of its supply chain

Economy

• we support local businesses, job creation, and economic growth
• we will improve the range of employment opportunities for Young People through our Young Persons Employability Charter
• procurement decisions consider social, environmental, and economic factors
• prioritise suppliers committed to social responsibility
• consider social value when awarding contracts

Health and wellbeing

• we invest in health services, mental health support, and leisure facilities
• promoting physical activity, mental resilience, and social connections is a priority

People (education and lifelong learning)

• we collaborate with schools, colleges, and training providers
• lifelong learning opportunities empower individuals and contribute to community development
• promote apprenticeships, training, and employment opportunities through our supply chains
• support local talent and nurture skills development

By adhering to this charter, we pledge to create a thriving, compassionate, and resilient community for all.

The conduct of the Authority’s Members and Officers is regulated by the Standards of Conduct Policy and a comprehensive complaints framework. The Authority requires similarly high standards from our suppliers and expects all staff who work on Authority contracts to comply with the requirements of the Authority’s policies.

These policies are available on our fraud investigation and whistleblowing page.

Suppliers shall have and maintain their own policies and procedures to ensure compliance with the Modern Slavery Act 2015 and shall include anti-slavery and human trafficking provisions in any Contracts with their subcontractors.

Suppliers must report the discovery or suspicion of any slavery or trafficking by it or its subcontractors to the Authority and the “Modern Slavery Helpline”. The Modern Slavery Helpline refers to the point of contact for reporting suspicion, seeking help or advice and information on the subject of modern slavery, available online on The Modern Slavery Helpline website or by telephone on 08000 121 700. 

Suppliers are reminded of their obligations under applicable competition laws. The Authority may require evidence from Suppliers that their arrangements are not anti-competitive and reserves the right to require any Supplier to comply with any reasonable measures which may be needed to verify that no anti-competitive arrangements are in place.

Any evidence of anti-competitive behaviour may result in a Supplier being disqualified from a Procurement. The Authority also reserves the right to refer any suspected breaches of applicable competition laws to the relevant authorities including, but not limited to, the Competition and Markets Authority and the Serious Fraud Office.

Suppliers should note that anti-competitive behaviour may result in the Supplier being excluded from bidding for contracts under Schedule 7, Paragraph 7 of the Act. Where a relevant decision has been made by the Competition and Markets Authority under the Competition Act 1998, the Supplier may also be excluded from bidding for contracts under Schedule 6, paragraph 41 and may be added to the debarment list and/or be liable for civil and/or criminal penalties.

Any attempt by a Supplier or their advisers to influence a Procurement in any way may result in the exclusion of the Supplier, without prejudice to any other civil or legal remedies available to the Authority and without prejudice to any criminal liability that such conduct by a Supplier may attract.

Specifically, Suppliers must not directly or indirectly at any time:

1. devise or amend the content of their submissions in accordance with any agreement or arrangement with any other person, other than in good faith with a person who is a proposed partner, subcontractor, consortium member insurance provider or provider of finance.
    
2. enter into any agreement or arrangement with any other person as to the form or content of any other submission or offer to pay any sum of money or valuable consideration to any person to effect changes to the form or content of any other submission.
    
3. enter into any agreement or arrangement with any other person that has the effect of prohibiting or excluding that person from submitting a response in a Procurement.
    
4. canvass any employees, members or agents of the Authority in relation to a Procurement.
    
5. attempt to obtain information from any of the employees, members or agents of the Authority or their advisors concerning another Supplier or submission.
    
6. carry out any other co-operation or collusion with another Supplier or any other person which the Authority considers capable of undermining fair competition.

The services to be provided by the successful Supplier may fall within scope of the IR35 Regulations. Where the Authority determines a contract falls within scope of the IR35 Regulations, the Supplier must adhere to the IR35 Regulations, and the Authority shall arrange for deductions of tax and national insurance to be made at source. The Authority shall be the sole decision maker as to whether IR35 applies to the Contract, if the Supplier contests IR35 being applied they may seek to reclaim tax and national insurance deducted from HMRC and will have no contractual rights to challenge the Authority on the deductions made.

The Authority reserves the right to:

• waive or change the requirements of any tender from time to time without prior (or any) notice being given by the Authority; or
   
• seek clarification or documents in respect of a Supplier's submission including where AI has been used to assist in any part of the tender submission or where AI is being utilized in the delivery of the contract;
   
• disqualify any Supplier that does not submit a compliant tender in accordance with the instructions of a tender; or
   
• disqualify any Supplier that is guilty of serious misrepresentation in relation to a tender, expression of interest, or a tender process; or
   
• withdraw a tender at any time, or to re-invite tenders on the same or any alternative basis; or
   
• choose not to award any contract as a result of the current procurement procedure; or
   
• make whatever changes it sees fit to the timetable, structure, or content of the procurement procedure, depending on approvals processes or for any other reason.

The Authority will not be liable for any tender costs, expenditure, work or effort incurred by a Supplier in proceeding with or participating in any procurement, including if the procurement procedure is terminated or amended by the Authority.

A tender submission is an offer to enter into a contract on the terms of the contents of the submission. Notification of an award decision does not constitute acceptance by the Authority. Any document submitted by a Supplier shall only have contractual effect when it is contained within an executed written contract. 

If requested to do so by the Authority, a Supplier will be required to enter into a legal arrangement with other members of a consortium or with any parties which are relied on in order to satisfy the conditions of participation relating to a Procurement (in accordance with section 72 of the Act). Acceptance of this request shall be considered a mandatory requirement and failure to accept the same may result in the Supplier’s exclusion from the Procurement.

The Authority recognises that arrangements in relation to sub-contracting may be subject to future change, and may not be finalised until a later date. However, Suppliers should be aware that where information provided to the Authority indicates that sub-contractors are to play a significant role in delivering key contract requirements, any changes to those sub-contracting arrangements may affect the ability of the Supplier to proceed with the procurement procedure or to provide the supplies and/or services required. Suppliers should therefore notify the Authority immediately of any change in the proposed sub-contractor arrangements. The Authority reserves the right to deselect the Supplier prior to any award of contract, based on an assessment of the updated information.