This is a supporting legal document which you should read before completing an application form.
1.1 These instructions aim to position your bid for equal and fair consideration with other bids. 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.
1.2 Please provide all the information we request in the format and order specified. Please contact us at firstname.lastname@example.org 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 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.
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.
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.
4.3 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 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 All applications are to be submitted on the current version of the Skills and Training PDF application form, downloadable from Skills and training web page and submitted by email to email@example.com
8.7 Assessment window cut-off dates will be published in advance on the relevant page. To be assessed within any given assessment window, bids must be received no later than the published deadline.
Please note: No extension of time will be granted, and any bid received after this deadline will be not be disregarded but will automatically be submitted to the next available bidding window.
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 & Training Guidance Notes contained within the application form.
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, based on the applicant’s responses to Sections 3 and 4 of the application form. The assessor of the bid will use reasoned professional judgement to deem whether a response is acceptable. This will be based upon ensuring that the applicant has accurately included all appropriate information as requested in the guidance notes.
10.5 An applicant needs to provide acceptable responses to both Sections 3 and 4 to be awarded funding. Responses deemed insufficient will be rejected and after feedback an opportunity will be provided for the applicant to reapply in the next assessment window.
10.6 Following evaluation of bid responses, if CITB considers none of the bids satisfactory, it may not award any preferred bidder status.
10.7 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.
10.8 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.