Tendering to the Education Authority

1.1    This document covers the general instructions and tender competition rules that will apply to all stages of this procurement competition.  These instructions should be read in conjunction with the contract documentation which will be provided to you throughout the procurement process.

1.2    References within this document to “contract” or “public contract” includes frameworks and awards made under a dynamic market.  Any reference to a specific procedure should be read as if it applies equally to any procedure available under the Procurement Act 2023 and Procurement Regulations 2024 that may be used by EA.

1.3     The organisation submitting a completed tender is referred to as the supplier, whether it is a single company or organisation.

2.1       Suppliers participating in Buyer tenders will be required to register on the Central Digital Platform (CDP).  The CDP is available at the Government Find a Tender website. 

Suppliers must submit up-to-date core supplier information on the CDP prior to the submission deadline and share this information with the Buyer via the CDP (either a share code or PDF download if required).  This includes the supplier’s:

a. basic information 

b. economic and financial standing information                

c. connected person information (these are persons with the right to exercise, or who actually exercise, significant influence or control over the supplier, or over whom the supplier has the right to exercise, or actually exercises, significant influence or control over, for example: directors, majority shareholders and parent and subsidiary companies) 

d. exclusion grounds information

It is the supplier’s responsibility to ensure the information submitted via the CDP is up to date and accurate for each and every tender.

Further guidance for suppliers on how to register on the CDP can be found at How to Register your Organisation Guide.

Frequently Asked Questions (FAQs) relating to Public Procurement Organisation Numbers (PPON) and Share Codes on the CDP can also found on our website at Public Procurement Organisation Numbers and Share Codes | Education Authority Northern Ireland.

Where a supplier intends to rely on other suppliers (perhaps consortium members or sub-contractors) to specifically meet a condition of participation, they must ensure that these other suppliers submit and share their basic, connected person and exclusion ground information via the CDP prior to the tender submission deadline as well.

Where a supplier intends to sub-contract the performance of all or part of the contract, the supplier must provide a list of all these sub-contractors, which will be checked against the published debarment list. Sub-contractors, unless they are associated persons, do not need to register or submit core supplier information on the CDP.

2. Responses to all other stages of this procurement competition must be submitted on eTendersNI by selecting the “Tenders” option in the relevant Call for Tender (CfT).  Once selected, associate the users in your organisation with the CfT.  You will then see the button “Create your tender online”.
    
3. The Education Authority (EA) Commercial Procurement Service website contains a link to eTendersNI guides for various stages of the tender process.
    
4. Detailed instructions on how to submit a tender are provided in the ‘Supplier Walkthrough Help Guides’ and the Simple Tender Preparation document in the Help Section, links to which are located at the bottom of the screen on the eTendersNI website.
    
5. Suppliers are responsible for ensuring that they have the technical capacity and allow sufficient time for the preparation and submission of tenders to the eTendersNI site before the stated deadline.
    
6. The total size of your submission must be less than 100Mb.
    
7. Please note that every tender opportunity includes by default a file called "Tender Structure XML".  It is NOT necessary to download and use this file, unless you decide to submit a Tender on the system using the "offline Tender preparation" functionality, which is not described here.  For online tender submission this particular file is not needed, please ignore it.
    
8. Additional detailed guidance on the system functionality can also be accessed via the Help button available on each screen within eTendersNI.  The Helpdesk can be contacted on 0800 240 4545 or via email to ni-eproc-helpdesk@eurodyn.com
    
9. Tenders must be uploaded within the eTendersNI portal via the relevant Call for Tender (CfT).
    
10. When uploading attachments, the eTendersNI naming convention dictates that they should not contain the following special characters   \ / - ~ # & * ? % ( ) { } < > + “ : . _
     
11. Please note that suppliers are advised to allow sufficient time to submit their tenders in case any problems occur with their computer or internet connection.  Allowing sufficient time will also provide suppliers with the opportunity to take advantage of the helpdesk if they are not sure how to proceed.  Offers submitted early remain confidential as the Buyer does not have access to them before the closing date and time of the tender. Please remember that late tenders will not be accepted. 

3.1     Under no circumstances will the Buyer (or its advisors) be liable for any costs or expenses incurred by suppliers, funders and/or its respective advisors arising directly or indirectly from the procurement process or termination thereof, including, without limitation, any changes or adjustments made to the tender documentation, or the exclusion/disqualification of a supplier.

3.2     Suppliers are entirely responsible for the costs of participating in this procurement and no payment, reimbursement, compensation, or any other remuneration will be payable by Buyer to unsuccessful suppliers.  All costs, expenses and liabilities incurred by the suppliers in connection with the preparation and submission of the Tender will be borne by the suppliers.  For the avoidance of doubt this includes without limitation costs and fees incurred by suppliers in instructing lawyers, accountants and other advisers, the costs of any sub-contractors and (if applicable) the participation in any negotiations and presentations.

3.3     Accordingly, the Buyer accepts no liability to pay for any quote or other preparatory work undertaken in connection with this CfT or any other communication between the Buyer and any other party and the suppliers have no claim whatsoever against the Buyer in respect of such costs.  Suppliers must obtain for themselves at their own expense all information necessary for the preparation of their Tenders.

4.1     Tenders must not be qualified.  Tenders must not be conditional or accompanied by statements that could be construed as rendering them equivocal and/or placed on a different footing from other tenders.  Only tenders submitted without qualification, strictly in accordance with the instructions, conditions and specifications will be accepted for consideration.  The Buyer’s decision as to whether a tender is acceptable will be final and the supplier may not be consulted.

4.2     It is the responsibility of prospective suppliers to make all necessary inspections, surveys, measurements, and enquiries to satisfy themselves before submitting their tender as to the extent and nature of the work and materials necessary for the performance of the contract and in general to have obtained for themselves all necessary information as to risks, contingencies and all other circumstances influencing or affecting their tender.  It is the responsibility of prospective suppliers to obtain for themselves at their own expense any additional information necessary for the preparation of their tender.

4.3     The Buyer reserves the right to add, amend and/or remove documents at any time during the Tendering process to clarify any issue or amend any aspect of the CfT.  All such documentation changes shall be deemed to form part of the CfT and shall supplement and/or supersede any part of the CfT to the extent indicated.  Such changes shall be accepted by the supplier without reservation.

4.4     Suppliers are only permitted to upload files in the areas designated for a response to a question.  Any additional information uploaded that does not refer to the question asked will not be considered at the evaluation stage.

4.5     Responses to questions will be treated as standalone, referring only to the question for which the response is submitted.  The evaluation panel will not take account of information submitted in another part or section of the tender when evaluating each question.

5.1     A tender shall only be accepted if:

• it is received before the time-limit for receipt of tenders stated in the CfT.
• it is complete and fully compliant with the requirements detailed in the tender documentation; and
• it is in the English language and prices are in pounds sterling.

5.2     The terms contained in all documentation issued with this tender will apply irrespective of any terms printed on supplier’s standard operating documentation, including but not limited to, order acceptance, delivery notes and invoices.

5.3     Tender prices quoted must be in sterling, to two decimal places, unless otherwise requested and exclusive of VAT. Suppliers must submit prices that include any Delivery Duty Paid, and suppliers should note that the accepted supplier(s) will be responsible for the completion of any relevant documentation or customs declarations regarding the movement of goods into Northern Ireland.  Please note that the Windsor Framework Agreement came into effect from 27 February 2023.  Under the Agreement Northern Ireland will remain in the single market for goods and will be required to follow EU Customs rules.  Northern Ireland also remains part of the UK customs territory and as a result, the process of moving goods into and out of Northern Ireland has changed.  In particular, for goods coming from GB to NI the supplier must ensure that all processes and procedures are followed to ensure unhindered supply to the Client.

5.5     Suppliers must not make assumptions that the Buyer has any prior knowledge of their organisation or their service provision.  Suppliers will be evaluated solely on the information provided in their tender response.

5.6     Suppliers must ensure that their responses contain all the information necessary for the purposes of the evaluation/assessment process.

5.7     Only tenders that comply with all instructions within the Qualification, Technical and Financial Envelopes, specifications and conditions will be considered.

5.8     The supplier, if successful in the tender competition, will take contractual and organisational responsibility for delivering the Contract.  Where a supplier is a consortium (of two or more organisations) it shall designate a Lead Enterprise which will be the point of contact for the tender.  The successful supplier must structure itself so that the following legal and organisational requirements are met:

• The supplier is the single point of contact that takes contractual responsibility for delivering the Contract and interfacing with the Buyer; and
• The legal obligations and liabilities of the successful supplier are borne by an entity or entities which satisfy the economic and financial requirements of the Tender.

5.9     The Buyer reserves the right to accept the whole or any part of any tender.

Mandatory Exclusion

6.1     The Buyer will disregard any tender from, or will not award a contract to, a supplier that is (including by virtue of their connected persons, associated persons or sub-contractors) an excluded supplier.  A supplier will be treated as an excluded supplier if they or an associated person have been convicted of any of the offences listed in Schedule 6, Part 1 of the Procurement Act 2023 or fall under any of the grounds listed in Schedule 6, Part 2 of the Procurement Act 2023 and the circumstances giving rise to application of the exclusion ground are continuing or likely to occur again or the supplier or associated person is on the debarment list by virtue of a mandatory exclusion ground.

6.2     If the supplier is an excluded supplier by virtue of an associated person or sub-contractor being an excluded supplier, the Buyer will, prior to disregarding a tender, notify the supplier of its intention to disregard the tender, and give the supplier reasonable opportunity to replace the associated person or find an alternative supplier with which to sub-contract.

6.3     The supplier must confirm that the supplier or connected persons have not been convicted of any of the offences listed at Schedule 6, Part 1 of the Procurement Act 2023, or fall under any of the offences listed in Schedule 6, Part 2 of the Procurement Act 2023, by completing the question within the Qualification envelope for the tender exercise the supplier is submitting a tender for which can be found on eTendersNI.

 6.4    If a supplier answers ‘YES’ to any of the questions within the “Exclusion Grounds” section of the Qualification envelope then the Education Authority will reject the supplier’s Tender Submission unless:

The supplier has been given a reasonable opportunity to make representations and provide evidence as to whether the exclusion grounds apply and whether the circumstances are likely to occur again in accordance with Section 58(2) of the Procurement Act 2023 and that this evidence is to the satisfaction of the Education Authority.

Discretionary Exclusion

6.5     The Education Authority may disregard any tender from, or may not award a contract to, a supplier that is (including by virtue of their connected persons, associated persons or sub-contractors) an excludable supplier.  A supplier will be treated as an excludable supplier for the purposes of assessing a tender if they or an associated person fall under any of the grounds listed in paragraphs 1-14 of Schedule 7 of the Procurement Act 2023 and the circumstances giving rise to application of the exclusion ground are continuing or likely to occur again or the supplier or associated person is on the debarment list by virtue of a discretionary exclusion ground.

6.6     If the supplier is an excludable supplier by virtue of an associated person or sub-contractor being an excludable supplier, the Buyer will, prior to disregarding a tender, notify the supplier of its intention to disregard, and give the supplier reasonable opportunity to replace the associated person or find an alternative supplier with which to sub-contract.

The supplier must confirm if it or a connected person meets, or may meet, any of the grounds in paragraphs 1-14 of Schedule 7 of the Procurement Act 2023 for discretionary exclusion by completing the question within the Qualification Envelope for the tender exercise the supplier is submitting a tender for which can be found within eTendersNI.

6.7     In such instances, the Education Authority may exclude the supplier.  However, if the supplier confirms that it or a connected person meets or may meet any of the above grounds in answering the question, then the supplier will be given a reasonable opportunity to make representations and to submit evidence as to whether the exclusion grounds apply and whether the circumstances are likely to occur again in accordance with Section 58(2) of the Procurement Act 2023. This evidence will be considered by the Education Authority and whether it meets their satisfaction. 

6.8     By satisfying the requirements above, the supplier also confirms that neither it or any connected person are guilty of serious misrepresentation in providing any information required of it under Section 58 of the Procurement Act 2023, or in not providing such information in response to a request by the Education Authority.

6.9     Where a supplier is determined to be an excluded or excludable supplier by virtue of an associated person or Sub-contractor:

Associated person

The Buyer will afford the supplier a reasonable opportunity to replace the associated person.  No changes will be permitted to be made to the tender other than to reflect the replacement for the associated person.  The replacement for associated person will be assessed as follows:

The Buyer will check to ensure the proposed Associated person is not on the debarment list, that the Associated person is not subject to an exclusion ground and will consider any self-cleaning evidence.  The proposed Associated person must also meet the Conditions of Participation (if any).

Sub-Contractor

The Buyer will afford the supplier a reasonable opportunity to find an alternative supplier with which to sub-contract.  No changes will be permitted to be made to the tender other than to reflect a different sub-contractor.

The new sub-contractor will be assessed as follows:

The Buyer will check to ensure the proposed sub-contractor is not on the debarment list, that the sub-contractor is not subject to an exclusion ground and will consider any self-cleaning evidence.  The proposed Sub-Contractor must also meet the Conditions of Participation (if any).

Non- treaty state supplier

The Buyer may disregard any tender from a supplier that is not a UK supplier or treaty state supplier or intends to sub-contract the performance of all or part of the contract to a supplier that is not a UK supplier or treaty state supplier.

7.1     Suppliers are responsible for ensuring that all information included within their responses is accurate at the time of submission and shall remain so throughout the procurement process (subject to any further changes which may occur, and which should be disclosed to the Buyer promptly as outlined in further detail in Section 10 below).

7.2     The inclusion of information that is found to be false or misleading may result in the supplier’s exclusion from this tender.  Furthermore, if false or misleading information comes to light after a supplier has been awarded a framework/contract, this may be considered as grounds for termination of the framework/contract.

7.3   Suppliers must disclose any use of Artificial Intelligence (AI) or machine learning technologies in the creation of their tender as part of their tender submission.  Suppliers must also make clear and provide details of any AI or machine learning technologies used as part of the products/services they intend to provide to the Buyer.  If Suppliers confirm that AI or machine learning technologies have been/will be used, Buyer may seek further clarification to establish the accuracy, robustness and credibility of any part of the Supplier’s tender submission.

8.1     Suppliers are strongly advised to seek clarification in relation to a CfT where they consider any part of the documentation or any other aspect of the procurement process unclear.

8.2     Any clarification requested during the tender submission phase of the procurement must be communicated using the messaging link within the CfT Menu.  The messaging system will be monitored throughout the procurement competition and all messages will be acknowledged.

8.3     It is the responsibility of suppliers to regularly monitor all communications and publications via the eTendersNI portal.  The Buyer shall have no liability for any communications provided by it which are missed or not received by a supplier or for communications provided by the supplier which are not received via the eTendersNI portal.

8.4     Suppliers must note that clarifications are to be submitted no later than the date stated in the CfT core information or in the current cycle tab at the bottom of the CfT core information page for a multistage procurement.  The Buyer is not obliged to provide a response to clarification questions received after this date.

8.5     All clarifications published by the Buyer for review by suppliers are visible through the messaging link within the CfT Menu.

8.6     Where the clarification is issued following a request from a supplier, the identity of the supplier seeking the initial clarification will not be disclosed.

8.7     Where a supplier believes that a clarification is confidential in nature, this should be clearly stated on the request.  In all circumstances, the Buyer reserves the right to communicate clarification responses to all suppliers at any stage, at its sole discretion.

8.8     When a clarification is broadcast by the Buyer, the suppliers that have expressed an interest in the opportunity, through the CfT menu, will receive an email to notify them that a new message is now available to view within the system.

8.9     Published clarifications shall become part of the tender and must be treated as such by the supplier.

8.10 Occasionally it is necessary for Buyer to modify a CfT after it is published on eTendersNI.  If the supplier has not yet submitted a tender for the CfT and they try to access the tender menu while the CfT is being modified, they will see a message on screen advising that the CfT is paused, and that tender preparation and submission will be available again once the new tender structure is available.

8.11   If the supplier has already submitted a tender for the CfT, all supplier users associated with the CfT will receive two notification e-mails from eTendersNI.

8.12 The first notification will advise that:

“The submission of the tenders for CFT with title [xxxx] has paused.  A new Tender Structure will be available soon.  The tenders you have already submitted will be considered invalid.  You will be able to re-submit your tender once the new Tender Structure is available”.

The second notification will advise that:

“The submission of the tenders for CFT with title [xxxx] has resumed.  There is a new Tender Structure available.  In case you have already submitted a tender, you will have to remove it and then prepare and submit a new one based on the updated Tender Structure”.

9.1     The Buyer reserves the right to seek information/clarification from suppliers, if necessary, in order to validate their responses and to complete the evaluation process. Suppliers may be required to furnish additional information that may be required by Buyer prior to the award of any tender and must respond to any such requests within the deadline given.

9.2     All responses received will be treated in the same confidential manner as the original tender submission and shall form part of the tender.

10.1 Where any information provided by a supplier change following submission either in relation to their organisation or their tender submission, the supplier must notify the Buyer providing full details of the changes and an explanation as to why these have occurred.

10.2 Failure to notify such changes may result in the rejection of the supplier from the procurement process.

10.3   In particular, but without limitation, the supplier must notify the Buyer of:

• any proposed changes to consortium members or any third-party entities being relied on.
• any significant deterioration in the financial standing of the supplier, or any consortium member or third-party entity being relied on; and
• if any of the grounds set out in Schedules 6 & 7 of the Procurement Act 2023 apply in respect of the supplier or a connected person, or associated person being relied upon.

10.4 The Buyer may require the supplier to provide such further information as may be required in order to allow the Buyer to assess the supplier’s ability to continue participating in the procurement process. Any replacement entity must be assessed as being of an equal or better standard to the entity being replaced.

11.1 Direct requests to any other member of staff of the Buyer or other individuals linked to the procurement process for information or clarification, at any stage of the process, will not be answered.

11.2 Any attempt by any supplier to collude with any other person to influence the procurement process in any way will result in disqualification from competition and / or the Authority reporting any potential collusion / canvassing to the Competition & Marketing Authority.

• 3. Bid-Rigging is an illegal anti-competitive business practice where rivals discuss bids for a contract tender: Suppliers must not:  
• agree with your competitors how much you’ll bid for a contract or share information about your bid.  

• take turns to win contracts.  

• ask other businesses to bid when they do not want the contract (called ‘cover bids’).  

• pay other businesses not to bid or when you win a tender.  

• agree with other businesses not to bid or to withdrawing your bid. 

11.4  As part of the Procurement Act 2023, new rules on exclusion and debarment on competition grounds, mean that suppliers who take part in illegal cartel activity such as bid-rigging, price fixing or market sharing, risk being excluded from public procurement work for up to 5 years unless they can demonstrate that they have ‘self-cleaned’ so that the wrongdoing that led to the exclusion won’t happen again. You can read about this in more detail on the Competition and Markets website.

11.5   There is now an even greater incentive for suppliers involved in cartel activity to be the first to report the wrongdoing to the CMA, as those first to report under the CMA’s leniency policy can avoid exclusion and debarment, in addition to benefiting from immunity from fines, prosecution and director disqualification.  Further Government Guidance is available on how to confess a cartel and the CMA’s leniency programme.

Always seek independent legal advice if you think you may have broken the law.  

If you think you’ve witnessed others breaking the law, report it to the CMA in confidence, you may benefit from a financial reward.  

When tendering for a procurement for a contract/framework, suppliers must not share information with other suppliers who are likely to be submitting separate tenders in the same competition.  This will lead to the exclusion of the suppliers from the competition and may also mean that you are breaking the law.

11.6   Suppliers shall not:

• canvass, solicit or offer any gift or consideration whatsoever as an inducement, fee or reward to any officer, employee or contractor of the Buyer, or any person acting as an adviser to it in connection with this procurement process.
• commit any act or omission which would constitute a breach of the Bribery Act 2010.
• fix or adjust the amount or content of any tender submission in accordance with any agreement or arrangement with any other person, other than in good faith where such other person is a proposed consortium member, or a supplier, adviser, or provider of finance to the supplier.
• communicate to any person other than the Buyer, or seek or obtain from such other person, information about the amount or content of any SQ Response or tender submission, other than in good faith to obtain quotations for supplies, services, or finance.
• enter into any agreement or arrangement with any other person that will result in such a person refraining from submitting a tender submission; and
• offer or pay a sum of money, incentive or valuable consideration to any person proposing to effect changes in or omissions from any other tender submission.
• Suppliers should ensure that the above obligations are brought to the attention of any connected person, associated persons, sub-contractors, and associated companies.
• Where a Supplier is bidding as a Consortium, Consortium Members are permitted to discuss, agree, and communicate such matters with other Consortium Members as are necessary for the preparation of that bid.

11.7   The CMA has produced guidance for businesses and procuring bodies on how to identify and report collusion or other anti-competitive practices. Further guidance on business cartels is also available on the government website. 

12.1 Suppliers are responsible for ensuring that no direct or indirect conflicts of interest exist (whether personal, financial or otherwise) between the Supplier, its employees and advisors, and the EA/Buyer, its employees and advisors.

12.2   Any actual conflict of interest or potential conflict of interest must be fully disclosed to the Buyer, via the messaging facility on eTendersNI, as soon as such conflict or potential conflict becomes apparent.  Failure to declare a conflict or potential conflict of interest may result in the rejection of the supplier from the procurement process.

12.3   Suppliers must prevent, identify and remedy any conflicts of interest within their group structure and within consortium or sub-Education arrangements which may result in any distortion of competition.

12.4   The declaration of a conflict or potential conflict of interest shall not result in automatic rejection of a supplier.  The supplier must identify the nature of the conflict and its proposed steps to rectify or address the conflict.

12.5 The Buyer shall consider the information provided by the supplier at its discretion and any decision it makes in this regard shall be final.

12.6   Where the Buyer considers that a conflict of interest puts a supplier at an unfair advantage and this cannot be avoided, or the supplier refuses to take the steps required by the EA/Buyer to avoid it, the supplier will be treated as an excluded supplier and will not be allowed to participate or progress in the tendering procedure.

Whilst the Buyer is concerned with value for money, it is recognised that suppliers will need to make a suitable margin so that the contract/framework is commercially viable.  The Buyer will scrutinise costs submitted to ensure they are sustainable.  Where a tender offers a price that the Buyer considers to be abnormally low for performance of the contract, the Buyer will require the supplier to demonstrate that it will be able to perform the contract for the price offered in accordance with Section 19(4) of Procurement Act 2023.  The Buyer:

(i) reserves the right to reject any tender, in its sole discretion, where the supplier is unable to demonstrate that it will be able to perform the contract for the price offered.

14.1   Suppliers are required to keep their tenders valid for acceptance for the period stated within the CfT core information page visible on eTendersNI.

14.2   The Buyer reserves the right to extend the tender validity period.

14.3   The Buyer may, before the expiry of the tender validity period, request that suppliers extend the tender validity period for specified additional period(s) as may be reasonable.  Where a supplier does not agree to extend the tender validity period (or any previous extension of the tender validity period) that supplier’s tender may be excluded, and EA may continue the procurement process with the suppliers that have agreed to extend their validity.

15.1 Suppliers must treat any information in a tender submission as private and confidential between the supplier and the Buyer.  Suppliers should note that the Buyer shall use the tender documents for the purposes of evaluation and that the tender documents will be held in accordance with the Buyer’s disposal schedule.  Suppliers must not disclose or release details of the tender other than on an "In Confidence" basis to those who have a legitimate need to know or those of the supplier’s professional advisers whom they need to consult for the purpose of preparing the tender.

16.1    Notification of the award decision will be sent to all suppliers who submitted a bid.  Buyer will also communicate the outcome of tenders via the publication of notices (as appropriate) as required by the Procurement Act 2023. 

17.1   The Buyer is bound to comply with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.  Both pieces of legislation allow the public access to information held by a public authority.  By submitting a tender, the supplier acknowledges that their response and any further relevant information provided may be disclosed into the public domain under the FOIA and/or the EIR.  The Buyer will endeavour to ensure that, where necessary, it will consult with suppliers in relation to any requests under the FOIA or the EIR relating to supplier’s information.  Please note, while the Buyer will take the supplier’s views into consideration following any consultation, the final decision on disclosing information shall remain with the Buyer.

17.2   Suppliers should be aware that after award of contract, information in relation to the contract will be published on the Buyer’s website as well as eTendersNI.  This will include the contract title, name and address of the winning supplier and the award value.  This will be published without further consultation.

18.1   The Buyer, is responsible for providing professional construction and procurement services across Buyer and the schools’ estate.  In order to carry out its functions, the Buyer is required to process information relating to identified or identifiable individuals (‘Personal Data’). Below is a privacy information statement specific to the collection and processing of personal data by Buyer as part of the public procurement process. 

18.2   Personal Data submitted in a tender submission is collected, held and processed in accordance with and for the purposes of administering the procurement as contemplated by the Tender Documents and for contract management of any Contract subsequently awarded.

18.3 The purpose for such processing is outlined below:

• The Procurement Act 2023 and the objective of sharing information, underpinned by the transparency requirements of the Act, places requirements on contracting authorities to publish information in relation to contract award decisions.
• Suppliers should be aware that if their tender offer is successful, information in relation to the contract may be published on the Buyer website.  This will include the contract title, contract subject matter, name and address of the winning supplier, the date of the contract, the estimated value of the contract, total number of tenders submitted, assessed and those assessed which were submitted by SMEs and NGOs.
• Before awarding a contract, the Education Authority is required to publish a Contract Award Notice through the Central Digital Platform.  This will include the contract title, contract subject matter, name and address of the winning supplier, the date of the contract, the estimated value of the contract, total number of tenders submitted, assessed and those assessed which were submitted by SMEs and NGOs.
• For contracts awarded in compliance with the Procurement Act 2023 the Education Authority is required to publish a Contract Details Notice which will include the name and address of the winning Supplier.  This will be published without further consultation.
• Personal Data will also be collected for the purposes of managing any subsequent Contract(s) arising from this procurement competition.

18.4 The Buyer may also process Personal Data as part of the public procurement process.  Such information may be obtained when assessing a bidder’s financial, technical and/or professional capability, as part of the tender evaluation stage.  Clear instruction on the information requested and its specific use will be detailed within the tender documentation.

18.5   Details of the collection, use and storage of personal data, as part of the public procurement process, is provided in the table below:

18.6   Full details of the Buyer’s role as a data controller and data subject rights in relation to information we hold about them can be found in the EA’s privacy notices which are available on the EA’s website.

18.7   The EA has a data protection policy in place (with which all suppliers are required to comply).  A copy of this policy can be found on the EA’s website.

18.8   The supplier warrants, on a continuing basis, that it has:

• obtained and will maintain all necessary consents required under all applicable data protection and privacy legislation in force from time to time in the UK including without limitation the Data Protection Act 2018 (and regulations made thereunder) (DPA 2018); the UK GDPR (as defined in section 3(10) (as supplemented by section 205(4)) of the DPA 2018) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; all other legislation and regulatory requirements in force from time to time which apply to the Tenderer relating to the use of Personal Data; and the guidance and codes of practice issued by the Information Commissioner’s Office or other relevant regulatory authority and which are applicable to the Tenderer relating to the use of Personal Data (referred to collectively as ‘Data Protection Legislation’); and
• otherwise fully complied with all of its obligations under the Data Protection Legislation, in order to disclose to the EA, the Personal Data and allow the EA to carry out the procurement process and manage the delivery of any Contract subsequently awarded.

18.9   The supplier shall immediately notify the EA if any consents required under the Data Protection Legislation are revoked or changed in any way which impacts on the EA’s rights or obligations in relation to such Personal Data.

19.1 Suppliers are advised to seek their own legal advice regarding the application of TUPE.

19.2 Where TUPE information is provided, suppliers:

• are responsible for ensuring they have organisational and security measures in place to protect the lawful use of any information shared.
• will ensure a reasonable level of security for supplied information, personal or non-personal, and process the information accordingly.
• will comply with the eight data protection principles of the Data Protection Act (DPA) and the General Data Protection Regulation 2018 in all their processing of the data being shared.
• will ensure that staff are only given access to personal data where there is a legitimate need, in order for them to perform their duties in connection with the tendering process.
• will take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss to, destruction of, or damage to, personal data.
• the data should NOT be removed from third party office.
• will ensure that only people who have a genuine business need to see the data will have access to it; and
• will ensure TUPE data is destroyed at the end of the tender process and no longer required.  This should be done for both paper and electronic records.

19.3 Suppliers shall notify Buyer of any information loss or breach.

20.1   The EA Supplier Code of Conduct sets out the values and principles EA expects of suppliers wishing to do business with it.  All suppliers will be asked to confirm that you will comply with the Code when you submit your tender.  The EA Supplier Code of Conduct can be found on the EA Website.

21.1   The Procurement Documents, any documents referred to in them and all information within them are the intellectual property of the Buyer.

21.2   Suppliers shall not reproduce, copy, distribute or otherwise make available to any third party the whole or any part of such information in any form (including photocopying it or storing it in any medium including electronic means) without the prior written permission of the Buyer, other than for use strictly for the purpose of submitting a response in relation to their Conditions of Participation and or tender in relation to the procurement process.

21.3 The Procurement Documents and all copies thereof are and shall remain the property of the Buyer.  All specifications, diagrams, drawings, samples and patterns and any further material provided in connection with this procurement process, remain the property of the Buyer and are to be used solely for the purpose of this procurement process.

21.4 Suppliers are reminded that the copyright in the documentation and any other materials supplied by the Buyer and/or its advisers in this Competition, in whatever format, belongs to the Buyer and its advisory team.  Such documentation and materials may not either in whole or in part be copied, reproduced, distributed or otherwise made available to any other third party or used without the prior written consent of the Buyer.

22.1   No publicity in relation to the selection of supplier, the appointment of the Supplier, the execution of any contractual documents or the procurement process in general will be permitted unless and until the Buyer has given its express prior consent to the relevant communication.  In particular, no statements should be made to any form of media, press or other similar organisations regarding the nature of any solution/proposals of the Supplier in connection with this procurement process without the express prior written consent of the Buyer.

22.2 The Buyer retains the right to publicise or otherwise disclose to any third party, information in relation to the procurement process, the selection of suppliers (including details of their respective members, subcontractors, representatives, advisers, consultants, servants or agents), the procurement process in general or the execution of any contractual documents at any time.

22.3 Supplier will not make any public statement in relation to the Competition, in general (whether given orally or in writing and including, for example, through statements to the media) without the prior written consent of the Buyer.  In this paragraph ‘media’ includes (but is not limited to) trade and specialist press, radio, television, newspapers, social media, the internet and email accessible by the public at large and the representatives of such media.

23.1 The successful supplier’s performance on this Contract will be managed as per the specification and associated transparency requirements of the Procurement Act 2023 and Procurement Regulations and will be regularly monitored as per the contract documents.  Suppliers not delivering on contract requirements is a serious matter.  It means the public purse is not getting what it is paying for.  If a Supplier fails to reach satisfactory levels of contract performance, they will be given a specified time to improve.  If, after the specified time, they still fail to reach satisfactory levels of contract performance, the matter will be escalated to senior management in EA for further action.

23.2   If this occurs and their performance still does not improve to satisfactory levels within the specified period, it may be regarded as a failure to perform and may result in the publication of a Contract Performance Notice on the Central Digital Platform.

23.3   Where a Supplier’s failure to perform results in the publication of a Contract Performance Notice, the Supplier may have their contract terminated; be excluded from future procurements and may be at risk of inclusion on the debarment list.  

24.1   Any clarifications regarding a procurement competition must be communicated through the eTendersNI portal.  All other queries not related to a specific procurement competition can be sent by email to: procurementcomplaints@eani.org.uk

24.2   This process, however, is not an appeal mechanism for suppliers who are dissatisfied with the outcome of a procurement competition and should not be used if you are seeking a remedy under the Procurement Act 2023 or other legal action through the courts.  The complaints process cannot be used to halt or delay a procurement competition.

25.1   Without prejudice to any warranties given, your responses to this procurement competition will not form a separate, collateral or implied contract between the supplier and the EA.

25.2   Neither the issue of the Tender documents, nor any of the information presented in them, should be regarded as a commitment or representation on the part of the Buyer (or any other person) to enter into a contractual arrangement. Nothing in these Tender Documents should be interpreted as a commitment by the Buyer to award a contract to a Supplier as a result of this procurement process, nor to accept the lowest price or any tender.

25.3   As such, the Buyer reserves the right at any time to cancel or withdraw the procurement process at any stage or to choose not to award any contract and/or framework.

25.4   Whilst prepared in good faith and the information contained in these Tender Documents is believed to be correct at the time of issue, suppliers should carry out their own due diligence checks and verify the accuracy of any information provided.

25.5   Only the express terms of the contractual documents, if and when executed, shall have any contractual effect in connection with the matters to which this procurement process relates.

25.6 The Contract between Buyer and the successful supplier shall be governed by the laws of Northern Ireland and any dispute arising out of this procurement or the Contract shall be subject to the exclusive jurisdiction of the laws of Northern Ireland.