GDPR Transition Services Tender

GDPR Transition Services Tender

This will include assessments and an audit report for: Data protection Frameworks, Policies and procedures.

United Kingdom-Huddersfield: Data services

2018/S 157-360136

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

The Council of the Borough of Kirklees
Civic Centre 3, High Street
Huddersfield, West Yorkshire
HD1 2TG
United Kingdom
Contact person: Katy Deacon
Telephone: +44 1484221000
E-mail: katy.deacon@kirklees.gov.uk
NUTS code: UKE44
Internet address(es):Main address: http://www.kirklees.gov.uk

Address of the buyer profile: https://www.yortender.co.uk

I.2)Information about joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.yortender.co.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address

I.4)Type of the contracting authority

Regional or local authority

I.5)Main activity

General public services

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

Provision of GDPR Support Framework Agreement (KMCLFM-004)

Reference number: KMCLFM-004

II.1.2)Main CPV code

72300000

II.1.3)Type of contract

Services

II.1.4)Short description:

The introduction of the General Data Protection Regulation (GDPR) has meant that Kirklees Council and its associated agencies (Contracting Authorities) require support with their Information Governance activities. As such the Contracting Authorities wish to establish a Framework Agreement to access the support it requires, in order to enable the achievement of GDPR compliance across all of the Contracting Authorities.

The agencies associated with the Council include Maintained Schools and Academy Trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service Providers (2 organisations). All of these agencies operate with a significant amount of Personal Data and therefore require support with their GDPR implementation.

The Framework Agreement has 8 Lots, further details can be found in the Service Specification (within Schedule 1 of the Framework Agreement) which is available at the address set out in Section I.1) of this Notice.

II.1.5)Estimated total value

Value excluding VAT: 2 992 500.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes
Tenders may be submitted for all lots
The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

Economic operators can apply for 1 or more Lots, and may be appointed to the Framework Agreement for 1 or more Lots. 1 successful economic operator will be appointed to each Lot.

II.2)Description

II.2.1)Title:

Lot 1 — GDPR Transition Services

Lot No: 1

II.2.2)Additional CPV code(s)

79900000
72300000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Borough of Kirklees, West Yorkshire, UK.

II.2.4)Description of the procurement:

This activity requires the economic operator to audit the culture and practices of the commissioning contracting authority, conduct a GAP analysis of existing practices compared to GDPR requirements and support the commissioning contracting authority to bring their practices into line with GDPR requirements.

This will include assessments and an audit report for:

— Data protection frameworks,

— Policies and procedures,

— Data processor management,

— Records Management,

— Information security,

— Incident management.

It is expected that the final assessments and investigation will be consolidated into an audit report, providing full details of recommendations and expected future actions to enable GDPR compliance.

Tenders are invited by the lead contracting authority from economic operators with relevant experience and ability to provide the requirements of this Lot (the ‘Services’) as detailed more fully in the Schedule 1 (Service Specification) of the Framework Agreement. For further details please refer to the following documents which are available at the address set out in Section I.1) of this Notice:

— the Framework Agreement,

— the Service Specification (Schedule 1 of the Agreement),

— the Information and Instructions document,

— Appendix 1 — Contracting Authorities,

— the Suppliers’ Submission Document.

The Framework Agreement will be available for use by the Council and other Contracting Authorities within the Borough of Kirklees; which include maintained schools and academy trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service providers (2 organisations).

One successful economic operator will be appointed to this Lot, to deliver the full requirements of the service specification.

The Service is not subject to the implications of the Acquired Rights Directive EU2001/23/EC and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (as amended) (“TUPE”).

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Outline of approach and expected products produced / Weighting: 50 %
Price – Weighting: 50 %

II.2.6)Estimated value

Value excluding VAT: 256 500.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/11/2018
End: 31/10/2022
This contract is subject to renewal: yes
Description of renewals:

It is anticipated that the GDPR Support Framework Agreement will commence on the 1.11.2018 and will expire on 31.10.2020, with the option to extend for a further period or for successive periods up to 31.10.2022.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the contract will be awarded to the most economically advantageous tender on the basis of the award criteria in the tender documentation.

II.2)Description

II.2.1)Title:

Lot 2 – Data Processor Management

Lot No: 2

II.2.2)Additional CPV code(s)

79900000
72300000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Borough of Kirklees, West Yorkshire, UK.

II.2.4)Description of the procurement:

Data Processor Management is a key requirement for GDPR compliance. Organisations must have relevant and appropriate contracts in place with all of their data processors. However, some organisations may not have the appropriate contract management in place. This lot requires the provider to demonstrate how they will provide the services outlined below, including the provision of previous work carried out successfully in other organisations.

The outcomes of this activity includes:

• Full, organisation-wide information audit of paper and electronic records, and key application data including data flow mapping activities associated with each data set.

• Identification of key information metadata including asset ownership

• Development of an information asset register

• Development of an organisation Record Of Processing Activity

• Training for organisation IG leads on how to conduct these activities in future. This training should be outlined within your tender documentation and it is expected that a minimum half day would be required to train the contract management staff within the commissioning contracting authority and should be accompanied by materials for the trained staff to refer to following contract completion.

Tenders are invited by the lead contracting authority from economic operators with relevant experience and ability to provide the requirements of this Lot (the ‘Services’) as detailed more fully in the Schedule 1 (Service Specification) of the Framework Agreement. For further details please refer to the following documents which are available at the address set out in Section I.1 of this Notice:

— the Framework Agreement

— the Service Specification (Schedule 1 of the Agreement)

— the Information and Instructions document

— Appendix 1 – Contracting Authorities

— the Suppliers’ Submission Document

The Framework Agreement will be available for use by the Council and other Contracting Authorities within the Borough of Kirklees; which include maintained schools and academy trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service providers (2 organisations).

One successful economic operator will be appointed to this Lot, to deliver the full requirements of the service specification.

The Service is not subject to the implications of the Acquired Rights Directive EU2001/23/EC and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (as amended) (“TUPE”).

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Outline of approach and expected products produced / Weighting: 50 %
Price – Weighting: 50 %

II.2.6)Estimated value

Value excluding VAT: 410 400.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/11/2018
End: 31/10/2022
This contract is subject to renewal: yes
Description of renewals:

It is anticipated that the GDPR Support Framework Agreement will commence on the 1st November 2018 and will expire on 31st October 2020, with the option to extend for a further period or for successive periods up to 31st October 2022.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the contract will be awarded to the most economically advantageous tender on the basis of the award criteria in the tender documentation.

II.2)Description

II.2.1)Title:

Lot 3 – Privacy Practices

Lot No: 3

II.2.2)Additional CPV code(s)

79900000
72300000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Borough of Kirklees, West Yorkshire, UK.

II.2.4)Description of the procurement:

GDPR requires the culture of an organisation to have privacy and data protection principles at the foundation of all business practices involving the use of personal data. This is known by the Information Commissioner’s Office (ICO) as Privacy by Design.

Privacy by Design practices must be embedded within all work involving the collection and processing of personal data. The economic operator is required to:

• Identify all activities within the organisation which utilise Personal Data

• Identify the Data Protection Impact Assessment for each activity

• If a DPIA has not been completed for an activity, create a DPIA for the activity, consulting with contracting authority IG leads throughout.

• Identify the privacy notices which have been created for each activity

• Create a Privacy Notice if there is not one available for the activity

• Work through the procedures relating to each activity and adjust the procedures to ensure these include Privacy by Design in future

• Provide the contracting authority IG lead with a template DPIA and privacy notice and training on how to complete these in the future. This training should be outlined within the economic operator’s tender documentation and it is expected that a minimum half day would be required to train the identified staff within the contracting authorities and should be accompanied by materials for the trained staff to refer to following contract completion.

Tenders are invited by the lead contracting authority from economic operators with relevant experience and ability to provide the requirements of this Lot (the ‘Services’) as detailed more fully in the Schedule 1 (Service Specification) of the Framework Agreement. For further details please refer to the following documents which are available at the address set out in Section I.1 of this Notice:

— the Framework Agreement

— the Service Specification (Schedule 1 of the Agreement)

— the Information and Instructions document

— Appendix 1 – Contracting Authorities

— the Suppliers’ Submission Document

The Framework Agreement will be available for use by the Council and other Contracting Authorities within the Borough of Kirklees; which include maintained schools and academy trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service providers (2 organisations).

One successful economic operator will be appointed to this Lot, to deliver the full requirements of the service specification.

The Service is not subject to the implications of the Acquired Rights Directive EU2001/23/EC and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (as amended) (“TUPE”).

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Outline of approach and expected products produced / Weighting: 50 %
Price – Weighting: 50 %

II.2.6)Estimated value

Value excluding VAT: 359 100.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/11/2018
End: 31/10/2022
This contract is subject to renewal: yes
Description of renewals:

It is anticipated that the GDPR Support Framework Agreement will commence on the 1st November 2018 and will expire on 31st October 2020, with the option to extend for a further period or for successive periods up to 31st October 2022.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the contract will be awarded to the most economically advantageous tender on the basis of the award criteria in the tender documentation.

II.2)Description

II.2.1)Title:

Lot 4 – Information Architecture and Records Management

Lot No: 4

II.2.2)Additional CPV code(s)

79900000
72300000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Borough of Kirklees, West Yorkshire, UK.

II.2.4)Description of the procurement:

Organisations must have a clear and thorough knowledge of the information assets they hold, how they store their records and when they have destroyed records. This lot requires the economic operator to support the commissioning contracting authority with the establishment and management of a records management plan which, when followed, will enable GDPR compliance.

The economic operator is required to conduct a comprehensive information asset audit, resulting in the creation of a comprehensive Records Management Plan which will outline the current state of the records held by the commissioning contracting authority, both paper and electronic, and provide detailed recommendations of the changes and improvements which need to be implemented in order to successfully be able to achieve and retain GDPR compliance.

The economic operator is also required to provide the commissioning contracting authority with templates and training to the IG leads to ensure compliance can be maintained.

Tenders are invited by the lead contracting authority from economic operators with relevant experience and ability to provide the requirements of this Lot (the ‘Services’) as detailed more fully in the Schedule 1 (Service Specification) of the Framework Agreement. For further details please refer to the following documents which are available at the address set out in Section I.1 of this Notice:

— the Framework Agreement

— the Service Specification (Schedule 1 of the Agreement)

— the Information and Instructions document

— Appendix 1 – Contracting Authorities

— the Suppliers’Submission Document

The Framework Agreement will be available for use by the Council and other Contracting Authorities within the Borough of Kirklees; which include maintained schools and academy trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service providers (2 organisations).

One successful economic operator will be appointed to this Lot, to deliver the full requirements of the service specification.

The Service is not subject to the implications of the Acquired Rights Directive EU2001/23/EC and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (as amended) (“TUPE”).

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Outline of approach and expected products produced / Weighting: 50 %
Price – Weighting: 50 %

II.2.6)Estimated value

Value excluding VAT: 769 500.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/11/2018
End: 31/10/2022
This contract is subject to renewal: yes
Description of renewals:

It is anticipated that the GDPR Support Framework Agreement will commence on the 1st November 2018 and will expire on 31st October 2020, with the option to extend for a further period or for successive periods up to 31st October 2022.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the contract will be awarded to the most economically advantageous tender on the basis of the award criteria in the tender documentation.

II.2)Description

II.2.1)Title:

Lot 5 – Information Security Practices and Incident Management

Lot No: 5

II.2.2)Additional CPV code(s)

79900000
72300000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Borough of Kirklees, West Yorkshire, UK.

II.2.4)Description of the procurement:

The GDPR requires personal data to be processed in a manner that ensures its security. This includes protection against accidental loss, destruction or damage and appropriate methods to report incidents to key personnel to ensure any mandatory reporting can be carried out. This lot requires the economic operator to:

• identify suitable technical or organisational measures for the commissioning contracting authority. This should include writing policies and procedures, setting up incident reporting arrangements and mandatory notification procedures.

• implement measures for incident reporting across all departments, including awareness raising and guidance documents for all staff. These measures will be sufficient to ensure that commissioning contracting authority’s staff understand the requirements associated with information security incident management, and

• give training on the new approaches/procedures to key members of staff with full guidance for reference at a later date. This training may be an hour long session for all members of staff, or it may be an online video for staff to complete in their own time, with auditable completion figures for the commissioning contracting authority.

Tenders are invited by the lead contracting authority from economic operators with relevant experience and ability to provide the requirements of this Lot (the ‘Services’) as detailed more fully in the Schedule 1 (Service Specification) of the Framework Agreement. For further details please refer to the following documents which are available at the address set out in Section I.1 of this Notice:

— the Framework Agreement

— the Service Specification (Schedule 1 of the Agreement)

— the Information and Instructions document

— Appendix 1 – Contracting Authorities

— the Suppliers’ Submission Document

The Framework Agreement will be available for use by the Council and other Contracting Authorities within the Borough of Kirklees; which include maintained schools and academy trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service providers (2 organisations).

One successful economic operator will be appointed to this Lot, to deliver the full requirements of the service specification.

The Service is not subject to the implications of the Acquired Rights Directive EU2001/23/EC and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (as amended) (“TUPE”).

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Outline of approach and expected products produced / Weighting: 50 %
Price – Weighting: 50 %

II.2.6)Estimated value

Value excluding VAT: 205 200.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/11/2018
End: 31/10/2022
This contract is subject to renewal: yes
Description of renewals:

It is anticipated that the GDPR Support Framework Agreement will commence on the 1st November 2018 and will expire on 31st October 2020, with the option to extend for a further period or for successive periods up to 31st October 2022.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the contract will be awarded to the most economically advantageous tender on the basis of the award criteria in the tender documentation.

II.2)Description

II.2.1)Title:

Lot 6 – Data Protection Framework including Policies and Procedures

Lot No: 6

II.2.2)Additional CPV code(s)

79900000
72300000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Borough of Kirklees, West Yorkshire, UK.

II.2.4)Description of the procurement:

Organisations should have an established Data Protection Framework which outlines the organisational policies, procedures and appropriate legislation guidance for their Data Protection activities.

The economic operator is required to assess through a GAP analysis what policies, procedures and guidance the organisation currently has, determine their appropriateness for GDPR compliance and identify what is missing. The economic operator will then create and/or amend the policies, procedures and guidance documents the commissioning contracting authority will require to ensure that all data protection activities required by GDPR, have been identified and appropriately actioned within the Framework.

Tenders are invited by the lead contracting authority from economic operators with relevant experience and ability to provide the requirements of this Lot (the ‘Services’) as detailed more fully in the Schedule 1 (Service Specification) of the Framework Agreement. For further details please refer to the following documents which are available at the address set out in Section I.1 of this Notice:

— the Framework Agreement

— the Service Specification (Schedule 1 of the Agreement)

— the Information and Instructions document

— Appendix 1 – Contracting Authorities

— the Suppliers’ Submission Document

The Framework Agreement will be available for use by the Council and other Contracting Authorities within the Borough of Kirklees; which include maintained schools and academy trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service providers (2 organisations).

One successful economic operator will be appointed to this Lot, to deliver the full requirements of the service specification.

The Service is not subject to the implications of the Acquired Rights Directive EU2001/23/EC and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (as amended) (“TUPE”).

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Outline of approach and expected products produced / Weighting: 50 %
Price – Weighting: 50 %

II.2.6)Estimated value

Value excluding VAT: 359 100.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/11/2018
End: 31/10/2022
This contract is subject to renewal: yes
Description of renewals:

It is anticipated that the GDPR Support Framework Agreement will commence on the 1st November 2018 and will expire on 31st October 2020, with the option to extend for a further period or for successive periods up to 31st October 2022.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the contract will be awarded to the most economically advantageous tender on the basis of the award criteria in the tender documentation.

II.2)Description

II.2.1)Title:

Lot 7 – Data Protection Training

Lot No: 7

II.2.2)Additional CPV code(s)

79900000
80510000
72300000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Borough of Kirklees, West Yorkshire, UK.

II.2.4)Description of the procurement:

In order to embed data protection within all areas of an organisation, it is valuable for organisations to train their staff across the whole data protection spectrum. Where a commissioning contracting authority requires all staff to have training on Data Protection, the economic operator is required to work with the commissioning contracting authority to plan, deliver and follow up on training sessions delivered to organisational staff. Whilst other lots may provide training to the appropriate individuals on those specific topic areas, this lot requires generic Data Protection training, based upon the principles of GDPR and the wider responsibilities this legislation puts on all staff within the commissioning contracting authority. This training is expected to be delivered on site at the commissioning contracting authority’s facility but could be provided through a range of media options.

The economic operator should provide:

• An organisation-wide assessment of learning needs, awareness challenges and knowledge gaps.

• A multi-component campaign, tailored to the commissioning contracting authority’s needs and culture

• Evaluation measures to provide the organisation with a reliable audit trail of the success of the programme and completion logs for each participant

Tenders are invited by the lead contracting authority from economic operators with relevant experience and ability to provide the requirements of this Lot (the ‘Services’) as detailed more fully in the Schedule 1 (Service Specification) of the Framework Agreement. For further details please refer to the following documents which are available at the address set out in Section I.1 of this Notice:

— the Framework Agreement

— the Service Specification (Schedule 1 of the Agreement)

— the Information and Instructions document

— Appendix 1 – Contracting Authorities

— the Suppliers’ Submission Document

The Framework Agreement will be available for use by the Council and other Contracting Authorities within the Borough of Kirklees; which include maintained schools and academy trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service providers (2 organisations).

One successful economic operator will be appointed to this Lot, to deliver the full requirements of the service specification.

The Service is not subject to the implications of the Acquired Rights Directive EU2001/23/EC and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (as amended) (“TUPE”).

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Outline of approach and expected training products delivered / Weighting: 50 %
Price – Weighting: 50 %

II.2.6)Estimated value

Value excluding VAT: 205 200.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/11/2018
End: 31/10/2022
This contract is subject to renewal: yes
Description of renewals:

It is anticipated that the GDPR Support Framework Agreement will commence on the 1st November 2018 and will expire on 31st October 2020, with the option to extend for a further period or for successive periods up to 31st October 2022.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the contract will be awarded to the most economically advantageous tender on the basis of the award criteria in the tender documentation.

II.2)Description

II.2.1)Title:

Lot 8 – Data Protection Officer Services

Lot No: 8

II.2.2)Additional CPV code(s)

79900000
72300000

II.2.3)Place of performance

NUTS code: UKE44
Main site or place of performance:

Borough of Kirklees, West Yorkshire, UK.

II.2.4)Description of the procurement:

This lot requires the economic operator to provide full Data Protection Officer (DPO) services to the commissioning contracting authority. The DPO should hold Information Governance and Assurance qualifications, preferably with specific DPO training.

The DPO will be easily accessible by the commissioning contracting authority and will act as a point of contact for employees, individuals and the ICO.

The DPO will perform the following tasks:

• Monitor compliance with the GDPR and other data protection laws, the commissioning contracting authority’s data protection policies, awareness-raising, training, and audits

• Provide advice and the information around the commissioning contracting authority’s data protection obligations

• Monitor the DPIA process and provide advice as required

• Acts as a contact point for the ICO, co-operating with the ICO, including during prior consultations under Article 36 of the GDPR, and will consult on any other matter

• Have due regard to the risk associated with processing operations, and take into account the nature, scope, context and purposes of processing

The commissioning contracting authority will be required to purchase these services on an annual basis, with a rolling contract arrangement, renewed within one month of contract anniversary.

Tenders are invited by the contracting authority from economic operators with relevant experience and ability to provide the requirements of this Lot (the ‘Services’) as detailed more fully in the Schedule 1 (Service Specification) of the Framework Agreement. For further details please refer to the following documents which are available at the address set out in Section I.1 of this Notice:

— the Framework Agreement

— the Service Specification (Schedule 1 of the Agreement)

— the Information and Instructions document

— Appendix 1 – Contracting Authorities

— the Suppliers’ Submission Document

The Framework Agreement will be available for use by the Council and other Contracting Authorities within the Borough of Kirklees; which include maintained schools and academy trusts (160+ organisations), Town and Parish Councils (5 organisations) and Housing Service providers (2 organisations).

One successful economic operator will be appointed to this Lot, to deliver the full requirements of the service specification.

The Service is not subject to the implications of the Acquired Rights Directive EU2001/23/EC and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (as amended) (“TUPE”).

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Outline of approach and expected products produced / Weighting: 50 %
Price – Weighting: 50 %

II.2.6)Estimated value

Value excluding VAT: 427 500.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/11/2018
End: 31/10/2022
This contract is subject to renewal: yes
Description of renewals:

It is anticipated that the GDPR Support Framework Agreement will commence on the 1st November 2018 and will expire on 31st October 2020, with the option to extend for a further period or for successive periods up to 31st October 2022.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (‘SMEs’). However, any selection of economic operators will be based solely on the criteria set out for the procurement, and the contract will be awarded to the most economically advantageous tender on the basis of the award criteria in the tender documentation.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

III.1.2)Economic and financial standing

List and brief description of selection criteria:

Finance:

See Sections 4 and 5 of the Selection Questionnaire (SQ) in part A of the Suppliers’ Submission Document, which is available at the address set out in Section I.1) of this Notice. Economic operators must submit either:

(a) a copy of the audited accounts for the most recent two (2) years;

(b) a statement of the turnover, profit and loss account, current liabilities and assets, and cash flow for the mostrecent year of trading for this organisation;

(c) a statement of the cash flow forecast for the current year and a bank letter outlining the current cash andcredit position;

(d) alternative means of demonstrating financial status if any of the above documents are not available (e.g.forecast of turnover for the current year and a statement of funding provided by the owners and/or the bank,charity accruals accounts or an alternative means of demonstrating financial status).

Economic operators must also confirm whether or not they are part of a wider group (e.g. a subsidiary of a holding / parent company), and if so must provide confirmation of:

(a) the name of the organisation;

(b) the relationship to the Economic operator completing the SQ;

(c) the organisation’s company accounts (if available); and

(d) confirmation on whether or not this organisation would be willing to provide a guarantee if necessary, and ifnot would the Economic operator be able to obtain a guarantee elsewhere (e.g. from a bank).

Insurance:

See Section 8.1) of the SQ, which is available at the address set out in Section I.1) of this Notice. Economic operators are asked to self-certify whether they already have, or can commit to obtain, prior to the Commencement Date of the Framework Agreement (i.e. 1.11.2018), the levels of insurance cover indicated below:

(a) Employer’s (Compulsory) Liability Insurance 10 000 000 GBP (in relation to any one claim or series of claims);

(b) Public Liability Insurance 10 000 000 GBP (in relation to any one claim or series of claims).

(c) Professional Indemnity Insurance 2 000 000 GBP (in relation to any one claim or series of claims).

Minimum level(s) of standards possibly required:

FInance

Economic operators must be able to demonstrate financial standing as required under Section 4 of the SQ. Failure to supply any one of the financial sources with their tender submission may result in exclusion.

Economic operators will either Pass or Fail on the basis of being financially viable for the Lot(s) tendered for. The rationale applied will be economic operators being able to demonstrate that the net worth quoted on the latest year of their balance sheet is positive. In addition, any answers which leads the lead contracting authority acting reasonably to conclude (considering the risk that the relevant answer suggests about the economic operator’s ability to properly perform under the contract) that it would be inappropriate to select the economic on this occasion will result in exclusion.

If economic operator has also indicated that their parent or holding company is prepared to guarantee the performance of their company, the information provided in response to Section 5.1) to 5.3) will be used in the financial assessment of the economic operator.

Insurance

Failure to indicate ‘Yes’ to any of the required insurances stated in Section 8.1) of the SQ will result in exclusion.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

Economic operators are asked to provide examples of relevant experience in accordance with the requirements set out within Section 6 of the SQ, available at the address set out in Section I.1) of this Notice.

Minimum level(s) of standards possibly required:

PASS – The economic operator has provided either:

1) at least one example of a previous contract that meets the minimum requirements set out in Section 6, and demonstrates to the reasonable satisfaction of the lead contracting authority that the economic operator applicant possesses the relevant general technical expertise and professional experience to be entrusted with the authority’s Contract the relevant Lot under the Framework Agreement;

or

2) a satisfactory reason as to why the economic operatorapplicant is unable to provide any examples of previous contracts that are relevant to the lead contracting authority’s requirements under this procurement that meets the minimum requirements set out in Question 6.3.

However, economic operatorapplicants are asked to note that:

(i) If you need to use more than one example to demonstrate that you possess the relevant general technical expertise and professional experience, you may do so up to a maximum of three (3) examples.

(ii) The lead contracting authority reserves the right to confirm the accuracy of any information provided in response to Section 6 with any named customer contact(s).

(iii) Any replies from any named customer contact(s) which lead the lead contracting authority, acting reasonably, to doubt any significant representations made in your responses to Section 6 may result in exclusion.

Fail – The economic operator:

1) has failed to provide any examples of any previous contracts in response to Section 6, AND has failed to provide a satisfactory reason as to why they were unable to provide any examples;

or

2) the examples given in response to Section 6 do not demonstrate to the satisfaction of the lead contracting authority that the applicant economic operator possesses the relevant general technical expertise and professional experience to be entrusted with the authority’s contractrelevant Lot.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession

III.2.2)Contract performance conditions:

The performance of the contract is subject to particular conditions, as detailed in the tender documents which are available at the address set out in Section I.1) of this Notice.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Open procedure

IV.1.3)Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 8
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 24/09/2018
Local time: 13:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 6 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 24/09/2018
Local time: 13:00
Place:

The Council of the Borough of Kirklees, Civic Centre III, Market Street, Huddersfield HD1 2EY.

Information about authorised persons and opening procedure:

At least one (1) representative from Finance Management, Risk Performance and IT and one (1) CorporateProcurement Officer will open and record the electronic quotations received by the appointed time.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about electronic workflows

Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:
VI.4)Procedures for review

VI.4.1)Review body

High Court of England and Wales
N/A
United Kingdom
VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

The lead contracting authority will incorporate a minimum ten (10) calendar day standstill period at the point that information on the conclusion of the framework agreement is communicated to tenderers. This period allows any unsuccessful tenderer(s) to seek further debriefing from the contracting authority before the conclusion of the framework agreement. Such additional information should be requested from the address at I.1 of this notice. If an appeal regarding the conclusion of the framework agreement has not been successfully resolved, then the Public Contracts Regulations 2015 (SI2015/102) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rulesto take action in the High Court (England, Wales and Northern Ireland). Any such action must be started withinthirty (30) days beginning with the date when the aggrieved party first knew or sought to have grounds forstarting the proceedings had risen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than three (3) months after that date. Where the framework agreement has not been concluded, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If however the framework agreement has been concluded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the framework agreement to be ineffective.

VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

14/08/2018

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