Terms of bidding for the Flexible and Structured funds

This is a supporting legal document which you should read before completing an application form.

1. General

1.1 These instructions aim to position your bid for equal and fair consideration with other bids. Please provide all the information we request in the format and order specified. Please contact us at funding@citb.co.uk if you have any queries about what is required or will struggle to provide the information.

1.2 Please read these instructions carefully before completing the bids. We may reject your bid if the bids aren’t in the correct form. Please also read the bid Guidance Notes thoroughly. 

1.3 All of your sub-contractors, consortium members and/or advisers must also observe the Terms of Bidding.

CITB reserve the right to contact any named partners/parties in the bid.

1.4 We are not committed to any course of action by issuing bids or any invitation to submit a bid; communicating

with a bidder or a bidder’s representative or agent in respect of this exercise; or any other communication between CITB and any other party.

1.5 CITB reserves the right to amend, add to or withdraw all, or any part of, the bids at any time during the exercise. This may include, although not limited to, the start date of a project.

2. Confidentiality

2.1 CITB may disclose detailed information relating to bids to its officers, employees, agents and/or advisers and

CITB may make any of the bids available for private inspection by them. CITB also reserves the right to share information that is relevant to the bid process to all, even if the information has only been requested by one bidder.

3. Freedom of information

3.1 In accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 we may have to disclose information in response to a request for any information submitted by the bidder to CITB.

4. Accuracy of information and liability of CITB

4.1 The information contained in the bid and/or any document accompanying it and/or issued as part of this bid process at any time (‘bid information’) has been prepared by CITB in good faith without purporting to be comprehensive or to have been independently verified. Nothing in the bids are, or should be construed as, a promise or representation as to the future. The subject matter of the bids shall only have contractual effect when and to the extent contained in the terms of a contract.

4.2 None of CITB, its officers, employees, agents and/or advisers make any representation or warranty as to, or (save in the case of fraudulent misrepresentation) accept any liability in relation to the adequacy, accuracy, reasonableness or completeness of the bid information (including, but not limited to, loss or damage arising from reliance by the bidder on all or any part of the bid information).

5. Conflicts of interest

5.1 CITB requires all actual or potential conflicts of interest including (without limitation) those arising where a member of the bidder’s supply chain and/or any of its advisers is the same firm or company or is a member of the same group of companies as that put forward by another bidder as part of its supply chain or is an adviser to that second bidder and/or is working for CITB on this or any similar project to be disclosed to CITB. Any actual or potential conflict of interest must be resolved to CITB’s satisfaction before bids are submitted. Failure to declare the existence of and/or resolve any conflicts to CITB’s satisfaction could lead to disqualifying a bidder and rejecting any submitted bid response.

6. Preparation of bids

6.1 CITB will not be liable for any costs or expenses borne by the bidder and/or their sub-contractors, suppliers and/or advisers in this bid process. Any contract entered into, its formation, interpretation and performance shall be subject to the law of England and Wales and the jurisdiction of the courts of England and Wales.

7. Rejection of bids

7.1 Bidders must complete and provide all information CITB requests in accordance with the bid guidance document. Failure to comply with the bid guidance document may lead CITB to reject a bid.

7.2 Bids shall not be qualified or accompanied by statements that render any part of the bid contradictory. Only unqualified bids will be considered. Amendments to the contract documents will not be accepted. CITB’s decision as to whether a bid is in an acceptable form will be final.

7.3 CITB reserves the right to disqualify any bidder if any material misrepresentation is made in any part of its bid response and/or in any other information submitted by that bidder and/or if that bidder does not inform CITB of any change in circumstances.

7.4 CITB reserves the right to reject any bid if there are any outstanding issues or queries relating to any other application for funding.

8. Submission of bids

8.1 The bidder shall complete all of the questions set out in and provide all of the information and documents requested in the bids in the order they appear, in the format required and in full under each question. Any missing information will render a bid incomplete.

8.2 Responses that are contradictory may fall short of bid requirements.

8.3 CITB shall carry out its assessment of the information provided in the bids in accordance with the methodology set out in Section 11 of this document, Bid evaluation methodology.

8.4 In respect of a bid document, a statement that a particular requirement will be met is not, in itself, sufficient; you must be prepared to provide supporting information.

8.5 The bid shall be submitted by the organisation that it is proposed and will enter into a formal contract with CITB if appointed. It shall be signed by persons authorised to submit bids and to make contracts for the bidder normally:

a) Where the bidder is a partnership, by two duly authorised partners

b) Where the bidder is a company, by two directors or by a director and the secretary of the company, such persons being duly authorised for that purpose. Where a company has a sole director and no company secretary, it is sufficient for the form of bid to be signed by that sole director provided that signature is witnessed by an independent individual.

8.6  Bids must be received via one of the prescribed routes detailed within the application form.

8.7 Bids must be received no later than the deadline within the application form.

8.8 Bidders should allow enough time to deliver any bid by the deadline. The risk of non or late receipt by CITB of any bid is at the bidder’s risk.

9. Bid validity

9.1 Your bid must remain open for acceptance for at least 90 days. A bid valid for less may be rejected.

10. Bidder’s warranties

10.1 In submitting its bid, the bidder promises that:

a) All information, representations and other matters of fact communicated (in writing or otherwise) to CITB by the bidder, its staff or agents in connection with or arising out of the bid are and shall at the date of submission be true, complete and accurate in all respects

b) It has the full power and authority to enter the contract and perform the obligations in the contract documents and will, if requested, produce evidence to CITB

c) It is of sound financial standing and has and will have sufficient working capital, skilled staff, equipment and other resources available to it to perform the obligations specified in the contract documents.

11. Bid evaluation methodology

11.1 CITB shall carry out an evaluation of the bids in accordance with the criteria as set out in the Guidance Notes.

11.2 CITB does not undertake and shall not be bound to accept any bid.

11.3 The scores will be awarded out of 5, with 0 being the lowest and 5 being the highest. The definitions of each level of scoring are set out in 11.9.

11.4 A panel appointed to evaluate all bids will award scores. Members of that panel will use reasoned professional judgment when attributing scores as to the merits of each response.

11.5 From the bids ranked, CITB will select the bidder with the highest score.

11.6 Following evaluation of bid responses, if CITB considers none of the bids satisfactory, it may not award any preferred bidder status.

11.7 CITB reserves the right to accept parts of a bid and to reject other parts. CITB may reject part or all of a bid on the basis that provision is being made elsewhere for the proposal or the proposal is receiving or has received alternative funding.

11.8 If CITB accepts part of a bid, CITB may negotiate the Funds to be paid, with regard to market rate, which may not be the sum proposed for that portion of the bid in the bid. This is to ensure value for money for CITB and the ultimate beneficiary, industry.

11.9  If an application is progressed to fund agreement stage, any information requested by CITB must be provided promptly to CITB.

11.10