Enforcement of Tobacco Control Legislation in England – National Support for Local Authorities

Enforcement of Tobacco Control Legislation in England – National Support for Local Authorities

Successful delivery of the service will require the supplier to have, and maintain, effective working relationships across all national organisations with an interest in local government regulatory enforcement and a across a network of trading standards authorities and officers throughout England.

UK-London: Other community, social and personal services

2013/S 100-171418

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Department of Health
Skipton House, 80 London Road
SE1 6LH London
E-mail: supplier.helpdesk@dh.gsi.gov.uk

Internet address(es):

General address of the contracting authority: http://www.gov.uk/organisations/department-of-health

Address of the buyer profile: http://www.gov.uk/organisations/department-of-health/aboutus/procurement

Electronic access to information: http://www.gov.uk/organisations/department-of-health/aboutus/procurementandproposals/BMS/index.htm

Electronic submission of tenders and requests to participate: http://www.gov.uk/organisations/department-of-health/aboutus/procurementandproposals/BMS/index.htm

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Public Health England
Wellington House, Waterloo Road
SE1 8UG London

Section II: Object of the contract

II.1.1)Title attributed to the contract by the contracting authority:

Enforcement of Tobacco Control Legislation in England – National Support for Local Authorities.
II.1.2)Type of contract and location of works, place of delivery or of performance

Service category No 27: Other services
Main site or location of works, place of delivery or of performance: UK – England.
NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)

Enforcement of Tobacco Control Legislation in England – National Support for Local Authorities.
The Department of Health:
1. The Department of Health (DH) helps people to live better for longer. We lead, shape and fund health and care in England, making sure people have the support, care and treatment they need, provided with the compassion, respect and dignity they deserve.
2. Public health is about helping people to stay healthy, and protecting them from threats to their health. The government wants everyone to be able to make healthier choices, regardless of their circumstances, and to minimise the risk and impact of illness.
Introduction and background:
3. Tobacco use is the biggest preventable cause of death in England, accounting for nearly 80,000 deaths per year. Healthy Lives, Healthy People: A Tobacco Control Plan for England is based on the internationally recognised six strands of effective tobacco control. Ensuring a high level of compliance with tobacco control legislation at a local level has an important role to play in each strand:
– Stopping promotion – by enforcing the Tobacco Advertising and Promotion Act and tobacco display legislation;
– Making tobacco less affordable – by working with Her Majesty’s Revenue and Customs (HMRC) to combat illicit tobacco;
– Effective regulation of tobacco products – by combatting counterfeit products;
– Helping quitters – by enforcing legislation that removes the prompts that undermine quit attempts, for example, regulating advertising, display, and vending machines;
– Reducing second-hand smoke – by enforcing smokefree law;
– Effective communications – by maintaining a high tobacco control profile within Local Authorities (LA).
Click on (or copy and paste in your browser) the following link for more Information :


4. Ensuring a high level of compliance with tobacco control legislation is an important element of the Government’s tobacco control programme to reduce smoking rates and preventable deaths. In England, local authorities (LAs) are responsible for the monitoring and enforcement of tobacco control legislation. DH does not have the in-house expertise or capacity to support LAs which is why we are seeking an external supplier to provide national support for local authorities to help them achieve a consistent approach to maximise levels of compliance with tobacco control legislation.
Scope of planned procurement:
5. The procurement of national support for LA enforcement is intended to ensure a consistent and proportionate approach to tobacco enforcement and compliance-building across the country, working with businesses and LA enforcement officers to better understand and effectively implement the laws as intended.
6. This approach is consistent with the better regulation agenda and is supported by retailers, in particular those with businesses in a number of different LA areas.
7. The national support role includes providing advice, guidance and training for LA regulatory officers on tobacco control enforcement by local authorities at the local level; monitoring local enforcement activity and providing DH with intelligence on local enforcement issues to inform policy-making; maintaining a web-based directory of novel and niche tobacco products and delivery of an annual Tobacco Control Survey providing comprehensive data on compliance across the complete range of tobacco legislation.
8. Successful delivery of the service will require the supplier to have, and maintain, effective working relationships across all national organisations with an interest in local government regulatory enforcement and a across a network of trading standards authorities and officers throughout England.
Contract period/duration:
9. The initial contract will be for a period of 3 years dependent upon performance, with the option to extend for up to a further 2 years subject to budget availability and approvals. This contract may novate to Public Health England.
10. The contract will include annual break clauses to manage the potential risk that funding is not secured for future years and the possible transfer of responsibility for the contract to Public Health England. Each year DH will set out key performance indicators that will be used to measure the success of the contract, including clear delivery dates and milestones.
The DH reserves the right to discontinue the tendering process at any time and to not award the Contract.

II.1.6)Common procurement vocabulary (CPV)

98000000, 98110000, 75100000, 75130000, 80500000, 79310000, 79311300

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

This contract is divided into lots: no
II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

See ITT Documents.
Estimated value excluding VAT:
Range: between 1 and 1 150 000 GBP
II.2.2)Information about options

Options: yes
Description of these options: There is an option to extend the contract for period(s) in total up to 2 years maximum subject to satisfactory performance, avilability of budget and both internal & external approvals as required.
Provisional timetable for recourse to these options:
in days: 36 (from the award of the contract)
II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: Range: between 1 and 24
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 24 (from the award of the contract)
II.3)Duration of the contract or time limit for completion

Starting 1.10.2013. Completion 30.9.2016

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:

Parent Company or other Gurantee may be required in certain circumstances. See the Invitation To Tender for further details.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

See the Invitation To Tender for further details.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Joint and Several Liability.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Any Supplier may be disqualified who has breached Regulations 23 of the Public Contract Regulations 2006.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: See the Invitation To Tender for further details.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
See the Invitation To Tender for further details.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:

IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2013/S 70-116549 of 10.4.2013

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

1.7.2013 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

Other: English
IV.3.7)Minimum time frame during which the tenderer must maintain the tender

in days: 90 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders

Date: 1.7.2013 – 12:00
Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no
VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information

The contracting authority/Department of Health considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). For the avoidance of doubt, the contracting authority points out that no weight will be attached to whether or not the economic operator is an SME in selecting economic operators to submit tenders, participate in dialogue or negotiate or in assessing the most economically advantageous tender.
The contracting authority/Department of health reserves the right to discontinue the tendering process at any time and not award the contract.
The Department of Health reserves the right for yearly reviews based on funding and performance. This contract will be subject to annual break clause.
This procurement is being procured as a Part B Service.
All participants must complete an Invitation to Tender (ITT) which covers Economic and Financial capacity and Technical capacity.
The Department understands that “The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 (SI 2006/246) does not apply to this procurement, however, the tenderers must satisfy themselves of this.
Potential suppliers should note that, in accordance with the Government’s policies on transparency, DH intends to publish the Pre-Qualification Questionnaire (PQQ), the Invitation to Tender (ITT) document, and the text of any Contract awarded, subject to possible redactions at the discretion of DH. Further information on transparency can be found at:

This procurement exercise will be conducted via the DH’s e-Tendering portal. We call this system BMS (Business Management System).
Candidates wishing to be considered for this contract must register their details and download and complete an ITT and submit their response via BMS.
The following link will take you to the guidance documentation for using the BMS i.e. to register and download instructions on how to respond.

If you require assistance, please contact the Supplier Helpdesk on 0113 254 5777 or
supplier.helpdesk@dh.gsi.gov.uk. This helpdesk is available 10:00 am to 4:00 pm, Monday to Friday excluding Bank Holidays.

Registration is a simple one-step process;
The supplier must register as a company/organisation; then each employee who may undertake a tendering exercise must then register as an individual. Once this stage is completed, it is then possible to register an expression of interest for this tender.
Note: Standard BMS functionality will only acknowledge one recipient per supplier for each individual tender. If you require the tender to be seen by multiple users we suggest using a centralised e-mail address[dhtenders@example.com].

Log on instructions are as follows:
Stage 1 – Registration (New suppliers)
Those who have not previously contracted with DH will first need to ensure that their company details are registered in the system.
a) Go to the link above
b) Click on ‘New Supplier’
c) Complete and send the details in the automated e-mail that appears
d) Within 3 working days, you will receive an e-mail with your login information; a unique username and password.
Note: Standard BMS functionality requires the registered e-mail address to function as individual’s username.
Stage 2 – Post Registration (those already registered)
Once registered, candidates must express interest as follows:
a) Go to the link above
b) Select ‘Login into e-Tendering System’
c) Select sourcing home page and enter Invitation to Tender (ITT) number 58903 in search field provided.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

High Court
WC2A 2LL London

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Department of Health will incorporate a standstill period at the point information about the actual award of
the contract is communicated to tenderers. That notification will provide full information on the award decision.
The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers
to challenge the award decision before the contract is entered into.
The Public Contracts Regulations 2006 (SI2006 No 5) provide for aggrieved parties who have been harmed or
are at risk of harm by breach of the rules to take action in the High Court.
VI.4.3)Service from which information about the lodging of appeals may be obtained

High Court
WC2A 2LL London

VI.5)Date of dispatch of this notice:20.5.2013