Where formal tenders are invited, every invitation to tender will be issued under general conditions which:-
13.1.1 state that each tender must be delivered impersonally by or not later than a specified date and time, enclosed in a sealed envelope bearing the words "Tender for….." followed by the subject to which it relates. Where an electronic tendering option is offered, this must comply with 13.2 below.
13.1.2 Explain that in the case of Minor Contracts, tenders must be delivered to the Director. In the case of Major Contracts, tenders must be delivered to the Director of Central Services.
13.1.3 State that the envelope must not bear any mark which would identify the sender.
13.1.4 Inform tenderers that tenders not complying with the above requirements will not be considered.
13.1.5 State that the Council does not bind itself to accept the lowest (or highest, as appropriate), or any tender.
13.1.6 Draw to the attention of tenderers the Council's requirements set out in Contract Procedures 22 to 24 inclusive.
13.1.7 Require the tenderer to give an undertaking that there will be no collusion between him and any third person with regards to his and / or any other tender. The Council will be entitled to cancel the contract and recover from the contractor any loss resulting from the cancellation, if the contractor, or anyone on his behalf, has committed any offence under the Prevention of Corruption Acts 1889 to 1916, or under Section 117(2) and (3) of the Local Government Act, 1972.
13.1.8 State that the Council will not meet or defray any costs or charges borne by the tenderer in connection with the preparation or submission of the tender.
13.1.9 Indicate that if any tenderer :-
- Fails to submit a tender after confirming that he intends to do so
- withdraws a tender
- declines to sign a form of contract
….without a satisfactory explanation, the Directors' Management Team will decide, on the basis of the recommendation of the relevant Director, whether that tenderer will be prohibited from tendering for Council contracts and, if so, for what period.
Where tenders are submitted electronically, tenderers will be instructed to submit their tender as follows :-
13.2.1 Major Contracts
To a secure Council e-mail account, the address of which will be included in the tender documents.
13.2.2 Minor Contracts
To a secure e-mail account or to a local e-mail account, the address of which will be included in the tender documents. It will be a matter for the Director's discretion, based on the value and nature of the contract, to decide in each case which is the appropriate route.
