Instruction for training providers - WDA

INSTRUCTIONS TO TRAINING PROVIDERS1. DefinitionsThroughout this Call for Proposal and any resultant Contract, unless the context otherwiserequires, the following definitions shall apply:(a) "Call for Proposal” means the invitation to participate in this Call and comprises alldocuments forwarded to the Training Provider inclusive of the Covering Letter, Form ofProposal, Instructions to Training Providers, Project Specifications and any otherdocuments and forms enclosed.(b) "Authority" refers to the Singapore Workforce Development Agency established pursuantto the Singapore Workforce Development Agency Act 2003 (Act 14 of 2003), andincludes any officer authorised by the Authority to act on its behalf.(c) "Contract" means any resultant definitive contract (as described in Clause 7(c) below)and its Annexes between the Authority and the successful Training Provider.(d) "Services" means the work which the Contractor is required to perform under theContract(e) "Contractor" means the successful training provider who has been appointed by theAuthority to provide the Services in accordance with the terms and conditions of aContract.(f) "Training Provider" means a person or his permitted assigns proposing to this Call forProposal in response to the Requirement Specifications, and shall be deemed to includetwo or more persons if appropriate.(g) “Proposal” means the proposal submitted by the Training Provider in response to the Callfor Proposal.(h) “Government proposals” include any government procurement exercises, projects,government grants, and schemes including funding support administered by anygovernment agencies.(i) Words including the singular include the plural and vice versa.(j) The headings are for convenience only and not for the purpose of interpretation.2. Eligibility2.1 Any company or business who is currently debarred from participating inGovernment Proposals is not eligible to participate in this Call for Proposal. If a proposalis submitted without explicitly mentioning that the Training Provider is currently debarred,the Authority shall treat the submission of the Proposal as an express continuingdeclaration by the Training Provider that the Training Provider is in fact eligible toparticipate in this Call for Proposal and, if such a declaration is discovered to be false, theAuthority will be entitled to rescind any contracts entered into pursuant to such a Call forProposal, without the Authority being liable therefore in damages or compensation.2.2 Training provider who is involved directly or indirectly in any legal suit with theAuthority and/or any other party shall not be eligible to participate in this Call forProposal. If a proposal is submitted without explicitly mentioning that the Trainingprovider is involved in any such legal suit, the Authority shall treat the submission of the

Proposal as an express continuing declaration by the Training provider that the Trainingprovider is in fact eligible to participate in this Call for Proposal and, if such a declarationis subsequently discovered to be false, the Authority will be entitled to rescind anycontracts entered into pursuant to such a Call for Proposal, without the Authority beingliable therefor in damages or compensation.3. Submission of Proposal3.1 TRAINING PROVIDERS must submit their proposals manually into:CFP Proposal Submission Box CSingapore Workforce Development Agency1 Marina BoulevardOne Marina Boulevard#16-01Singapore 018989Closing Date: 3 May 2012Time: 4pm (GMT +8)3.2 The proposals to be submitted using CFP Proposal Submission box must besubmitted in sealed envelopes. When forwarding proposals, the Training Provider shallspecify clearly on the top left-hand corner of the envelope(i) The Call for Proposal number;(ii) The closing date and time of the Call for Proposal;(iii)The CFP Proposal Submission box number to which the proposal must bedelivered; and(iv)The name and address of the Training Provider.It will be the responsibility of the Training Provider to ensure delivery into the CFPProposal Submission box, which will be in a position accessible to the public. TheAuthority shall not be held responsible for putting proposals received through the post intothe correct CFP Proposal Submission box by the closing time and date. Every effort,however, will be made by the Authority to promptly convey proposals received throughthe post into CFP Proposal Submission box. Postage must be pre-paid on all Proposalssent through the post.3.3 The Authority reserves the right to reject proposals not submitted in accordancewith the mode of submission specified in the Instructions to Training Providers.4. Compliance with InstructionsProposals will be accepted only if submitted according to the instructions contained and in theform(s) prescribed in the Call for Proposal. Any proposal which attempts to vary the Form ofProposal or other documents issued by the Authority is liable to be rejected. In consideration ofthe Training Provider agreeing to abide by these instructions in the Call for Proposal, theAuthority shall evaluate the proposals fairly and in accordance with the said instructions.5. Validity PeriodProposals submitted shall remain valid for acceptance for the Validity Period specified in the Callfor Proposal and during such extension of the period as may afterwards separately be agreed toin writing by the Training Provider at the request of the Authority.

6. Withdrawal of ProposalNo proposals may be withdrawn after the closing date prescribed in the Call for Proposal. AnyTraining Provider who attempts to do so may, in addition to any remedy which the Authority mayhave against him, be liable to be debarred from future Government Call for Proposals.7. Acceptance of Proposal(a) The Authority shall be under no obligation to accept any Proposal. The Authority shallnormally not enter into correspondence with any Training Provider regarding the reasonsfor non-acceptance of a Proposal.(b) The Authority reserves the right, unless the Training Provider expressly stipulates to thecontrary in his Proposal, of accepting such portion of each Proposal as the Authority maydecide.(c) The Authority will enter into negotiations with the shortlisted Training Provider(s) tofinalize terms and conditions in a letter of offer issued to the Training Provider(s) by theAuthority. The provision of the grant by the Authority shall be subject to the finalizedterms and conditions as set out in a signed and accepted letter of offer (“Letter of Offer”)which would form the definitive Contract between the Authority and the Contractor.(d) The Letter of Offer may be issued to the Contractor's address as given in his/its Proposalby hand or by post which shall be deemed as effective communication to the Contractor.8. Copies of ProposalTraining Providers shall submit the Proposal and supporting brochures/handbooks in the numberof sets as specified in the Call for Proposal. One set is to be marked "Original" and the other setsare to be marked "Copy".9. Information, Details, Training Materials, Specifications, Patterns, Samples orDrawingsAny information, training materials, details, specifications, patterns, samples or drawingsspecified in the Call for Proposal will be available for inspection by the Training Provider at theaddress specified on the invitation during normal working hours up to the stipulated time on theclosing date.10. LanguageThe Proposal and all supporting technical data and all documentation to be supplied by theTraining Provider shall be written in the English language.11. Confidentiality(a) Except with the consent in writing of the Authority the Training Provider shall not disclose thisProposal, or any of its provisions, or any information, training materials, details, specifications,plans, drawings, patterns, samples or information issued by the Authority.(b) The Authority may require an unsuccessful Training Provider to return any information,training materials, details, specifications, plans, drawings, patterns, samples or instructionsissued by the Authority.

12. Ownership of Proposal DocumentsAll documents submitted by the Training Provider in response to this Call for Proposal shallbecome the property of the Authority. However, intellectual property in the information containedin the Proposal submitted by the Training Provider shall remain vested in the Training Provider.This Clause is without prejudice to any provisions to the contrary in any subsequent contractbetween the Training Provider and the Authority.13. Alteration, Erasures or IllegibilityExcept for amendments to the entries made by the Training Provider himself which are initialedby the Training Provider, Proposals bearing any other alterations or erasures and Proposals inwhich prices are not legibly stated are liable to be rejected.14. Authority's Clarifications of the Training Provider's ProposalIn the event that the Authority seeks clarification upon any aspect of the Training Provider'sproposal, the Training Provider shall provide full and comprehensive responses within seven (7)days of notification.15. Expense of Training ProviderIn no case will any expense incurred by the Training Provider in the preparation of his Proposalbe borne by the Authority.16. NotificationNotification will not necessarily be sent to unsuccessful Training Providers by the Authority.17. Applicable LawAll Proposals submitted pursuant to this Call for Proposal and the formation of any resultingcontracts shall be governed by the Applicable Law Clause in the Contract.18. Ownership Status of Training Provider(a) the name and address of any person, company or corporation which owns, whetherdirectly or indirectly, at least 50% of the total number of shares in the Training Provider;(b) the number, percentage and class of shares held by such person, company orcorporation.19. Shortlisting Training ProvidersThe Authority reserves the right to shortlist Training Providers in accordance with the criteria setforth in the Call for Proposal; and give those so shortlisted the opportunity to submit new oramended Proposals on the basis of the Authority's revised requirements, in accordance with acommon deadline.The Proposals received based on the firm and updated requirements shall form the basis of thefinal Proposal evaluation. The Proposals received in the final round shall be complete andcomprehensive, and shall over-ride all Proposal previously submitted. The final offer shall notmake references to previous offers. All the Proposals received in the previous rounds shall betreated as lapsed. Such final offers shall be submitted in sealed envelopes and deposited in theProposal box as instructed.

20. ConsortiumAs used in this Call for Proposal, "Consortium" means an unincorporated joint venture throughthe medium of a consortium or a partnership.The following shall apply if a Proposal is submitted by a Consortium:(a) Each member of the Consortium shall be a business organization duly organized,existing and registered under the laws of its country of domicile.(b) No Consortium shall include a member who has been debarred from GovernmentProposals.(c) After the submission of the Proposal, any introduction of, or changes to, Consortiummembership must be approved in writing by the Authority.(d) The following documents must be submitted with this Proposal:(i)(ii)A certified copy of the consortium or partnership agreement, signed by allmembers of the Consortium,The Proposal is to be submitted by a member of the Consortium ("LeadMember"). Documentary proof must be provided that the Lead Member isauthorised by all members of the Consortium to submit, sign the Proposal,receive instruction, give any information, accept any contract and act for andon behalf of all the members of the Consortium. The documentary proofcould be in the form of:(1) relevant provision(s) in the certified copy of the consortium orpartnership agreement, or(2) certified copies of powers of attorney from each members of theConsortium.(e) Information must be submitted with respect to:(i)(ii)(iii)the legal relationship among the members of the Consortium;the role and responsibility of each member of the Consortium; andthe address of the Consortium to which the Authority may send any notice,request, clarification or correspondence.(f) If the Authority awards the Contract to a Consortium:(i)(ii)(iii)The Letter of Offer may be handed to or posted to the address of the LeadMember of the Consortium given in the Proposal.The issue by the Authority of a Letter of Offer shall create a binding Contracton all the members of the Consortium.Each member of the Consortium shall be jointly and severally responsible tothe Authority for the due performance of the Contract.

(iv)(v)As and when requested by the Authority, all members of the Consortiumshall be required to sign a formal agreement in the appropriate form with theAuthority. Until the said formal agreement is prepared and executed, theConsortium's Proposal together with the Authority's Letter of Offer, shallconstitute a binding Contract on all the members of the Consortium.In the event that any member of the Consortium withdraws from theConsortium or is adjudicated a bankrupt by a duly constituted judicialtribunal, or goes into liquidation in accordance with the laws of the country ofincorporation, then the surviving member(s) of the Consortium shall beobliged to carry out and complete the Contract.21. Corrigenda to Call for ProposalThe Authority reserves the right to amend any terms in, or to issue supplementary terms to theCall for Proposal at any time prior to the closing date of the Proposal.22. DisclaimerThis Call for Proposal may not contain all information which Training Providers may require.Training Providers should therefore make their own inquiries and seek such clarifications theythink necessary. The Authority shall not be liable to any Training Provider for any information inthis Call for Proposal which is incomplete or inaccurate. For avoidance of doubt, the "information"mentioned in this paragraph excludes the Project Specifications.