Terms of bidding for the Skills and Training fund

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

This version dated 12 June 2020

1. General

1.1 These instructions aim to position your bid for equal and fair consideration with other bids. Please read these instructions carefully before completing your bid. We may reject your bid if the bids aren’t in the correct form. Please also read the bid Guidance Notes thoroughly.

1.2 Please provide all the information we request in the format and order specified. Please contact us at skills.training@citb.co.uk if you have any queries about what is required or have difficulty in providing the information that is asked for.

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

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

1.5 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.

1.6 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.

1.7 CITB will monitor the degree to which funds are being invested in specific training courses with  particular providers, to ensure that the overall amount invested is proportionate and in line with CITB intelligence on skills gaps. CITB reserves the right to suspend funding of specific training courses with specific providers if the total amount being invested is deemed disproportionate.

1.8 CITB reserves the right to prioritise the funding awarded or to pause or to close down the fund in the event that demand exceeds the budget set.

1.9 CITB reserves the right at its discretion to prioritise the types of activities and businesses that CITB will support, including taking into account any budgeting constraints.

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 and data protection

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.

3.2 In the event that CITB processes personal data, such processing will be carried out in accordance with the principles in CITB’s Privacy Policy.

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, howsoever arising).

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.

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 will 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 and will be declined

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 10 of this document, Bid Assessment 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 organisation named as the bidder in the bid submission will contract with CITB on the basis of the Terms of Funding if the bid is successful. The application must be signed by persons who are authorised to sign on behalf of the bidder.

8.6 All applications are to be submitted on the current version of the Skills and Training PDF application form which can be found on the CITB website at citb.co.uk website and submitted by email to skills.training@citb.co.uk

8.7 Bids will be assessed the end of each submission window (typically at the end of each calendar month) as published by CITB on its website at citb.co.uk

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. Bidder’s warranties

9.1 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.

10. Bid assessment methodology

10.1 CITB shall carry out an assessment of the bids in accordance with the criteria as set out in the Skills and Training Guidance Notes.

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

10.3 Eligibility checks will be carried out and bids will be rejected if they are found not to meet the eligibility criteria.

10.4 For bids that are confirmed as eligible, an assessment of the bid will be performed and a score will be applied, based on your responses in the application form. The assessor of the bid will use reasoned professional judgement to deem whether a response is acceptable including ensuring that the applicant has accurately included all appropriate information as requested in the guidance notes.

10.5 CITB may at its sole discretion undertake further due diligence into the applicant or the application including, for example, requesting copies of insurance policies, asking for access to speak to customers of the applicant, requiring additional references, business financial credit checks, engaging with the proposed training providers etc.

10.6 The applicant needs to provide acceptable responses to all questions and CITB needs to be satisfied with the responses to its due diligence enquiries in order for the funding to be awarded. Applications will be rejected where the responses are deemed insufficient.

10.7 CITB may reject all or part 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. CITB reserves the right to accept parts of a bid and to reject other parts.

10.8 If CITB accepts part of a bid, CITB may adjust the amount of the Funds that will be made available, which may not be the sum proposed for that portion of the bid in the application submitted by the bidder. This is to ensure value for money for CITB and the ultimate beneficiary, the construction industry.

10.9 CITB may also at its discretion require that any Funds awarded must be paid directly to a training provider approved by CITB and/or require that the applicant is properly funded as a going concern including, for example, that the business is properly capitalised in an amount equal to the funding being provided under the scheme.