Enquiries and Communication

During the competitive dialogue and Detailed Solution preparation period, Bidders may submit questions and requests for clarification or further information.  Bidders should note the following procedure for obtaining further information or clarification on matters arising during the competitive dialogue and Detailed Solution preparation period:

•  Bidders should address their questions and requests for clarification or further information to the Project Director at the address given in Part 1 of these Instructions.  All questions and requests for clarification or further information must be made in writing and the Project Director will, so far as is practicable, respond in writing.  

•  All questions and requests for clarification or further information may only be made, and will only be entertained, if made at least [   ] days prior to the Detailed Solution submission date.  If a question or request for clarification or further information is made by the Bidder at least [   ] days prior to the Detailed Solution submission date, the Local Authority may, at its own discretion, endeavour to respond to the Bidder and provide such Bidder with any additional information to which the Local Authority has access, but the Local Authority shall not be obliged to comply with any such request and does not accept any liability or responsibility for failure to provide any such information.

•  the basic starting point for the Local Authority in respect of the sharing of information is that all questions and requests for clarification or further information, and the corresponding responses, will be circulated to all Bidders;

•  therefore, should Bidders wish to avoid such disclosure (for example, on the basis that the request or response contains commercially confidential information or may give another Bidder a commercial advantage) the request must be clearly marked "In confidence - not to be circulated to other Bidders" and the Bidder must set out the reason(s) for the request for non-disclosure to other Bidders;

•  if the Local Authority considers that, in the interests of open and fair competition, it is unable to respond to the question or request for clarification or further information on a confidential basis, it will inform the Bidder who has submitted it. The Bidder must as soon as practicable thereafter respond in writing requesting that either the query be withdrawn or treated as not confidential. The Local Authority will deem that the question or request for clarification or further information has been withdrawn if the Local Authority is not contacted in writing within [three] Working Days following the Bidder being so informed; and

•  should the Local Authority treat a question as commercially confidential information under the protocol in paragraph • above, Bidders should be aware that this will not necessarily enable the Local Authority to exempt it from disclosure under the FOIA and/or the EIRs should a request for such information be made.

Subject to the above protocol, Bidders are welcome to contact the Project Director with reasonable frequency to discuss any aspect of this ISDS.  The Local Authority may also meet with the Bidders from time to time, but the number of meetings offered will be the same for all Bidders.

The Local Authority reserves the right not to answer requests for clarifying information made within • days prior to the deadline for receipt of Solutions.

The Local Authority will also set up a series of competitive dialogue meetings with each Bidder; the number of meetings offered will be the same for all Bidders.

The Local Authority will require a number of 'full team' competitive dialogue meetings with each Bidder during the Detailed Solution preparation period.  The proposed details of these meetings are set out in Part 4 of these Instructions.