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.

Any attempt by Suppliers or their advisors to influence a contract award process in any way may result in the Supplier being disqualified. Specifically, Suppliers shall not directly or indirectly at any time:

• devise or amend the content of their tender in accordance with any agreement or arrangement with any other person, other than in good faith with a person who is a proposed partner, Supplier, consortium member or provider of finance; or
   
• enter into any agreement or arrangement with any other person as to the form or content of any other tender, 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 tender; or
   
• enter into any agreement or arrangement with any other person that has the effect of prohibiting or excluding that person from submitting a tender; or
   
• canvass the Authority or any employees or agents of the Authority in relation to any procurement; or
   
• attempt to obtain information from any of the employees or agents of the Authority or their advisors concerning another Supplier or tender

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.