Common use of Queries Clause in Contracts

Queries. Should you have any queries in respect of this Mini Competition Request, please contact [●] by email at [●][or by telephone at [●]] no later than [●]. The Framework Purchaser will endeavour to respond to all reasonable queries received promptly, but does not undertake to respond to all queries. We look forward to receipt of your Proposal. By submitting your response to this Mini Competition Request, you acknowledge and agree that if you are awarded a contract for the supply and spraying of Bitumen Emulsions under the Mini Competition, that contract will incorporate the terms and conditions set out in the Framework Agreement entered into as between TII and the Supplier on [insert date] and will be subject to the rights and obligations set out therein. Yours faithfully, SCHEDULE 6 - SAMPLE MINI-COMPETITION CONTRACT MINI-COMPETITION CONDITIONS MINI-COMPETITION CONDITIONS FOR SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS ORDER FORM TEMPLATE To: [Insert Supplier’s Details] Issue Date: Purchase Order Number: Description of the Bitumen Emulsion Products & Services Unit/ number/ unit price VAT Indicate if any of the Terms and Conditions are not applicable Relevant documents Specification Proposal Optional information Delivery/Spraying location Delivery date Price breakdown including any discounts Approver In accordance with the provisions of the conditions, you are instructed to proceed with the delivery of the Products and Spraying Services as identified above. The Products and Spraying Services must be delivered on or before the Delivery Date. In delivering the Products and Spraying Services, as required under this Purchase Order, you are to comply with all requirements and the mini-competition terms and conditions for the Supply and Spraying of Bitumen Emulsion Products contained at Appendix 1 attached. APPENDIX 1 TERMS AND CONDITIONS FOR THE SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS SCOPE These terms and conditions (the “Conditions”) (together with any Purchase Order) shall govern the provision of any Products and Spraying Services by the Supplier pursuant to the Framework Agreement from time to time.

Queries. Should It is difficult for these instructions to deal with all potential Consortium and sub-contracting scenarios. If you have are unsure how to classify and communicate your contracting arrangements in your Tender, then you should contact the Authority at the earliest opportunity in accordance with paragraph 7. Changes to the contracting arrangements The Authority recognises that arrangements in relation to Consortia and sub-contracting may be subject to occasional change. You should therefore respond in the light of such arrangements as are currently envisaged. You are reminded that any queries future change in respect of this Mini Competition Request, please contact [●] by email relation to the Consortium membership and sub-contracting arrangements must be notified to the Authority at [●][or by telephone at [●]] no later than [●]the earliest opportunity. The Framework Purchaser Authority will endeavour make a further assessment of the Tender by applying the selection criteria and/or award criteria to respond to all reasonable queries received promptly, but does not undertake to respond to all queriesthe new information provided. We look forward to receipt of your Proposal. By submitting your response to this Mini Competition Request, you acknowledge and agree that if If you are awarded a contract for Framework Agreement, any changes to arrangements in relation to Consortia and sub-contracting which are made following the supply award will be dealt with in accordance with clause 23 of the Framework Agreement. Declaration of Compliance The Authority requires you to confirm within question SQC2b of the Selection Questionnaire that each Sub-Contractor and/or Consortium member named in the Tender has read, understood and spraying complied with the statements contained within Attachment 7- Declaration of Bitumen Emulsions under Compliance Part B. This provides the Mini Competition, Authority with assurance that contract will incorporate statements made by or in relation to the Sub-Contractors and/or Consortium members are accurate and that they have participated in this Procurement in accordance with the terms of the ITT and conditions the Terms of Participation in Attachment 6. questions AND ClarificationS You may raise questions or seek clarification regarding any aspect of this Procurement at any time prior to the Tender Clarifications Deadline (see the Procurement Timetable set out in paragraph 4). Questions must be submitted using the messaging facility provided within the e-Sourcing Suite. The Authority will not enter into exclusive discussions regarding the requirements of this Procurement with you. To ensure that all Potential Providers have equal access to information regarding this Procurement, the Authority will publish all its responses to questions raised by you. All responses to your questions will be published by the Authority in a “Questions and Answers” document, which will be available in the “Attachments” section of the e-Sourcing Suite. Responses to questions will not identify the originator of the question and will be answered in batches, rather than one at a time, with updates appearing at regular (approximately two to three working days) intervals. The Authority will endeavour to publish responses to all questions outstanding at the end of the clarification period, within four working days following the Tender Clarifications Deadline. If you wish to ask a question or seek clarification without the Authority revealing the question and the answer on the e-Sourcing Suite, then you must notify the Authority and provide your justification for withholding the question and any response. If the Authority does not consider that there is sufficient justification for withholding the question and the corresponding response, the Authority will invite you to decide whether: the question/clarification and the response should in fact be published; or it wishes to withdraw the question/clarification. The Authority may contact you at any time, both during the Procurement and post Award with information, or with directions which require your action. You are responsible for monitoring the e-Sourcing Suite and the ‘Questions and Answers’ document in particular, for any responses to questions, general clarifications or other information issued by the Authority. Answers to such questions may contain important information that may affect how you complete your Tender. bidders’ CONFERENCE A conference will be held on Friday, 12 September 2014. The conference will provide you with an opportunity to seek clarification on any matters relating to this Procurement and the requirements in an open forum. Further details are available from xxxx://xxx.xxxxxxxxxxxxx.xxx.xx/i-am-buyer/categories/property-solutions/facilities-management-contracting-model . As space at the Conference is limited, please nominate a maximum of 2 key personnel to attend. This is dependent on the number of acceptances we receive and could therefore be reduced to 1 representative. Details of those attending must be provided to the Authority via the XXXX@xxx.xxx.xxx.xx mailbox by no later than 15:00 on Tuesday, 9 September 2014. The Authority will inform those Potential Providers who have confirmed their intention to attend the Bidders’ Conference of any changes via the contact details stated above. OVERVIEW OF THE EVALUATION PROCESS Paragraphs 10 and 11 below set out and explain the procedure, stages and process by which the Authority will assess your Tender. The evaluation procedure is divided into two key stages; Selection Stage evaluation - The Authority will assess responses to the Selection Questionnaire in accordance with paragraph 10 below (“Selection Stage”). Award Stage evaluation - The Authority will assess responses to the Award Questionnaire in accordance with paragraph 11 below (“Award Stage”). Tenders that do not meet the selection criteria at the Selection Stage will be disqualified from further consideration in this Procurement and will not be evaluated at the Award Stage. Consensus Marking Procedure Selection and award questions that are scored and require evaluation will be evaluated in accordance with the procedure described in this paragraph and at paragraphs 10 and 11. The Consensus Marking Procedure is a two-step process, comprising of: independent evaluation; and group consensus marking. During the independent evaluation process each evaluator will separately (i.e. without conferring with other evaluators) scrutinise selection and award questions that are scored and require evaluation. Evaluators will apply the criteria applicable to the question as set out in the Framework Agreement entered into Response Guidance to determine the overall quality of each answer. Each evaluator will then allocate a mark for the answer in accordance with the Evaluation Marking Scheme applicable to that question. Each evaluator will also provide a justification for the mark they attributed to an answer. All of the evaluators’ marks and related justifications will be recorded separately in the e-Sourcing Suite. When the independent evaluation exercise has been completed by all of the evaluators, a group consensus marking exercise will be coordinated by a consensus marker as between TII follows: The consensus marker will review the marks allocated by the individual evaluators together with their justifications for awarding the marks. The consensus marker will arrange for the evaluators to meet and discuss the marks they have allocated to relevant responses to selection and award questions (that were scored and required evaluation). The consensus marker will facilitate discussion among the evaluators regarding the marks awarded and the Supplier related justifications. During the meeting each evaluator will discuss the quality of the answers given to a question and review their justification for attributing the marks having regard to the relevant Marking Schemes at Attachment 2 and Attachment 3. The evaluators will continue discussing the answers until the evaluators reach a consensus regarding the mark that should be attributed to each Potential Provider’s answer to the question. The consensus marker will record the consensus mark and the justification for the consensus mark (in addition to each evaluator’s original mark and justification) in the e-Sourcing Suite. The process above will be repeated until all applicable answers in the Tender have been consensus marked by evaluators. When the Consensus Marking Procedure has been completed, the e-Sourcing Suite will be locked by the consensus marker to ensure no further modifications are made to the consensus marks and justifications. SELECTION STAGE EVALUATION The information submitted in response to the Selection Questionnaire will enable the Authority to consider your legal, economic and technical abilty. Some of the information provided in response to the Background Questions will be taken into account for the purposes of considering your financial standing (see Stage 3 below). If you fail to respond comprehensively and accurately to the Background Questions, your Tender may be deemed non-compliant. The Authority reserves the right to exclude non-compliant Tenders from further evaluation in the Procurement. Stage 1- Compliance Checking Prior to commencing the formal evaluation process, Tenders will be checked to ensure they are compliant with the requirements of this ITT and its Attachments. Any non-compliant Tenders may be rejected by the Authority without proceeding to the next stage of evaluation. Stage 2 – Background Questions and Financial Risk Assessment The information you submit in response to the Background Questions will be used to carry out an assessment of your economic and financial standing. If in response to the Background Questions, you indicate that a guarantee will be provided, the Authority will perform an assessment of the guarantor’s economic and financial standing in accordance with this paragraph 10.3. The Authority will use a credit reference agency (Experian) to request a detailed financial report based on [insert date] the information provided in response to the Background Questions. In addition, the Authority will ask you to provide a copy of your audited accounts for the most recent two years and/or one or more of following in respect of your organisation or guarantor (as the case may be): a statement of your turnover profit and loss account and cash flow for the most recent year of trading; a statement of your cash flow forecast for the current year and a bank letter outlining the current cash and credit position; and/or an alternative means of demonstrating financial status if trading for less than a year. The Authority will use the information described in paragraph 10.3.3, in addition to the detailed Experian report (where available) described at 10.3.2 to assess whether your organisation’s or your guarantor’s financial risk is average or better. This will be performed using the Authority's financial assessment template which can be viewed at xxxx://xxx.xxxxxxxxxxxxx.xxx.xx/i-am-supplier/respond-tender/financial-assessment-template which covers a range of financial risk indicators, similar to those used by credit reference agencies. If the Authority then determines (in accordance with paragraph 10.3.4) that the financial risk is determined as being average or better, you will be allocated a ‘pass’ and the Tender will proceed to Stage 3 of the Selection Stage evaluation process. If the Authority determines (in accordance with paragraph 10.3.4) that the financial risk is determined as being above (i.e. worse than) average, then (subject to 10.3.7 below) the Tender will be allocated a ‘fail’ and will be subject excluded from further involvement in this Procurement. If the Authority carries out a financial risk assessment on your organisation and its financial risk is determined as being above (i.e. worse than) average and you did not indicate that a guarantee will be provided, the Authority may (in its sole discretion) request that you nominate a guarantor. If you nominate a guarantor the Authority will undertake the steps at paragraphs 10.3.2 to the rights and obligations set out therein. Yours faithfully, SCHEDULE 6 - SAMPLE MINI-COMPETITION CONTRACT MINI-COMPETITION CONDITIONS MINI-COMPETITION CONDITIONS FOR SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS ORDER FORM TEMPLATE To: [Insert Supplier’s Details] Issue Date: Purchase Order Number: Description 10.3.6 above in respect of the Bitumen Emulsion Products & Services Unit/ number/ unit price VAT Indicate guarantor; please note that the Authority will not carry out further financial risk assessments if the guarantor is also allocated a ‘fail’. If you are bidding as a Consortium the assessment of economic and financial standing will be carried out in respect of each member of the Consortium. If one or more member of the Consortium fails this assessment then the entire Tender will be allocated a ‘fail’ and will be excluded from further involvement in this Procurement. The Authority may require the Potential Provider’s agreement to provide a bond at the award of the first Call-Off Agreement, in the event that the Potential Provider is awarded a Framework Agreement. Stage 3 - Selection Questionnaire Section B – Grounds for Rejection In certain circumstances the Authority is required by law to exclude Potential Providers from participating in this Procurement. If you cannot answer ‘no’ to every statement in question SQB1 it is very likely your Tender will be rejected and disqualified from further participation in this Procurement. The Authority is entitled (in its sole discretion) to exclude a Potential Provider from further participation in this Procurement if any of the Terms statements in response to question SQB2 (Discretionary grounds for rejection) apply. If you cannot answer ‘No’ to every statement it is possible that your Tender will be rejected and Conditions are not applicable Relevant documents Specification Proposal Optional information Delivery/Spraying location Delivery date Price breakdown including disqualified from further participation in this procurement. If any discounts Approver In accordance with the provisions of the conditionsstatements do apply, you are instructed should set out the full facts of the relevant incident and any remedial actions taken. The information provided will be taken into account by the Authority in considering whether or not the Tender will be permitted to proceed with the delivery of the Products and Spraying Services as identified above. The Products and Spraying Services must be delivered on or before the Delivery Date. In delivering the Products and Spraying Services, as required under any further in this Purchase Order, you are to comply with all requirements and the mini-competition terms and conditions for the Supply and Spraying of Bitumen Emulsion Products contained at Appendix 1 attached. APPENDIX 1 TERMS AND CONDITIONS FOR THE SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS SCOPE These terms and conditions (the “Conditions”) (together with any Purchase Order) shall govern the provision of any Products and Spraying Services by the Supplier pursuant to the Framework Agreement from time to timeProcurement.

Queries. Should you have any queries in respect of this Mini Competition Request, please contact [●] by email at [●][or by telephone at [●]] no later than [●]. The Framework Purchaser will endeavour to respond to all reasonable queries received promptly, but does not undertake to respond to all queries. We look forward to receipt of your Proposal. By submitting your response to this Mini Competition Request, you acknowledge and agree that if you are awarded a contract for the supply and spraying of Bitumen Emulsions under the Mini Competition, that contract will incorporate the terms and conditions set out in the Framework Agreement entered into as between TII and the Supplier on [insert date] and will be subject to the rights and obligations set out therein. Yours faithfully, SCHEDULE 6 - _____________________________ SAMPLE MINI-COMPETITION CONTRACT MINI-COMPETITION CONDITIONS MINI-COMPETITION CONDITIONS FOR SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS ORDER FORM TEMPLATE To: [Insert Supplier’s Details] Issue Date: Purchase Order Number: Description of the Bitumen Emulsion Products & Services Unit/ number/ unit price VAT Indicate if any of the Terms and Conditions are not applicable Relevant documents Specification Proposal Optional information Delivery/Spraying Delivery location Delivery date Price breakdown including any discounts Approver In accordance with the provisions of the conditions, you are instructed to proceed with the delivery of the Products and Spraying Services as identified above. The Products and Spraying Services must be delivered on or before the Delivery Date. In delivering the Products and Spraying ServicesProducts, as required under this Purchase Order, you are to comply with all requirements and the mini-competition terms and conditions for the Supply and Spraying supply of Bitumen Emulsion Products (supply only) contained at Appendix 1 attached. APPENDIX 1 TERMS AND CONDITIONS FOR THE SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS (SUPPLY ONLY) SCOPE These terms and conditions (the “Conditions”) (together with any Purchase Order) shall govern the provision of any Products and Spraying Services by the Supplier pursuant to the Framework Agreement from time to time.

Queries. Should you have any queries in respect of this Mini Competition Request, please contact [●] by email at [●][or by telephone at [●]] no later than [●]. The Framework Purchaser will endeavour to respond to all reasonable queries received promptly, but does not undertake to respond to all queries. We look forward to receipt of your Proposal. By submitting your response to this Mini Competition Request, you acknowledge and agree that if you are awarded a contract for the supply and spraying of Bitumen Emulsions under the Mini Competition, that contract will incorporate the terms and conditions set out in the Framework Agreement entered into as between TII and the Supplier on [insert date] and will be subject to the rights and obligations set out therein. Yours faithfully, SCHEDULE 6 - _____________________________ SAMPLE MINI-COMPETITION CONTRACT MINI-COMPETITION CONDITIONS MINI-COMPETITION CONDITIONS FOR SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS ORDER FORM TEMPLATE To: [Insert Supplier’s Details] Issue Date: Purchase Order Number: Description of the Bitumen Emulsion Products & Services Unit/ number/ unit price VAT Indicate if any of the Terms and Conditions are not applicable Relevant documents Specification Proposal Optional information Delivery/Spraying location Delivery date Price breakdown including any discounts Approver In accordance with the provisions of the conditions, you are instructed to proceed with the delivery of the Products and Spraying Services as identified above. The Products and Spraying Services must be delivered on or before the Delivery Date. In delivering the Products and Spraying Services, as required under this Purchase Order, you are to comply with all requirements and the mini-competition terms and conditions for the Supply and Spraying of Bitumen Emulsion Products contained at Appendix 1 attached. APPENDIX 1 TERMS AND CONDITIONS FOR THE SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS SCOPE These terms and conditions (the “Conditions”) (together with any Purchase Order) shall govern the provision of any Products and Spraying Services by the Supplier pursuant to the Framework Agreement from time to time.CONDITIONS

Queries. Should you have any queries in respect of this Mini Competition Request, please contact [●] by email at [●][or by telephone at [●]] no later than [●]. The Framework Purchaser will endeavour to respond to all reasonable queries received promptly, but does not undertake to respond to all queries. We look forward to receipt of your Proposal. By submitting your response to this Mini Competition Request, you acknowledge and agree that if you are awarded a contract for the supply and spraying of Bitumen Emulsions under the Mini Competition, that contract will incorporate the terms and conditions set out in the Framework Agreement entered into as between TII and the Supplier on [insert date] and will be subject to the rights and obligations set out therein. Yours faithfully, SCHEDULE 6 - SAMPLE MINI-COMPETITION CONTRACT MINI-COMPETITION CONDITIONS MINI-COMPETITION CONDITIONS FOR SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS ORDER FORM TEMPLATE To: [Insert Supplier’s Details] Issue Date: Purchase Order Number: Description of the Bitumen Emulsion Products & Services Unit/ number/ unit price VAT Indicate if any of the Terms and Conditions are not applicable Relevant documents Specification Proposal Optional information Delivery/Spraying Delivery location Delivery date Price breakdown including any discounts Approver In accordance with the provisions of the conditions, you are instructed to proceed with the delivery of the Products and Spraying Services as identified above. The Products and Spraying Services must be delivered on or before the Delivery Date. In delivering the Products and Spraying ServicesProducts, as required under this Purchase Order, you are to comply with all requirements and the mini-competition terms and conditions for the Supply and Spraying supply of Bitumen Emulsion Products (supply only) contained at Appendix 1 attached. APPENDIX 1 TERMS AND CONDITIONS FOR THE SUPPLY AND SPRAYING OF BITUMEN EMULSION PRODUCTS (SUPPLY ONLY) SCOPE terminated in accordance with these Conditions. These terms and conditions (the “Conditions”) (together with any 3.2 Each Purchase Order shall constitute a separate contract for Purchase Order) shall govern the provision of any Products and Spraying Services by the Supplier pursuant to the Framework Agreement from time to time.