Welcome to our suppliers' guide to doing business with us. At The Pensions Regulator (TPR), we are committed to making sure that the services we procure provide the best value for our levy and tax payers. This guide will help you position your organisation to work with us to achieve this.
Our vision
Our vision is to be a strong, agile, fair and efficient regulator. Through this we seek to gain the respect of employers, trustees and other stakeholders.
Together with our partners and suppliers, we will drive up standards of trusteeship and improve savers’ understanding of their situation to create better outcomes in their later life.
We are committed to making TPR a great place to work and doing all we can to support our people to reach their full potential. We rely on our partners and suppliers to support us in achieving this vision.
Foreword
We are an arm’s length public body based in Brighton employing approximately 1,000 staff. Our commercial team is responsible for sourcing, procuring and managing contracts. The team support prospective and existing suppliers throughout the commercial lifecycle, from early market engagement to the delivery of complex services ensuring we achieve our statutory objectives.
As a public body, we must comply with UK government legislation. Our commercial team supports suppliers with contracts awarded under the Public Contract Regulations 2015 or the new Procurement Act 2023. We have embraced the Procurement Act 2023, which improves and streamlines the way procurement is done and benefits prospective suppliers of all sizes, particularly small businesses, start-ups and social enterprises. Our commercial team will support suppliers in navigating the legislation, just as they have successfully guided the wider organisation.
We are committed to upholding the principles of fairness, transparency and equality, fostering a culture of respect and collaboration with our suppliers. We will work alongside you to deliver on our key commitments, whether supporting your decarbonisation journey or helping to eliminate modern slavery from the supply chain. In turn, we expect our suppliers to support us in achieving our statutory objectives and vision by demonstrating:
- value for money
- social and economic value
- flexibility
- continuous improvements
- high standards of service delivery and customer care
- compliance with the Data Protection Act and other relevant UK legislation
By working in partnership throughout every stage of the commercial cycle, we will collaboratively build a mutually beneficial relationship that delivers broader public value.
Ceri Thayer, Finance Director
About this guide
The guidance in this document is intended to be informative and useful. It should not be taken as a statement of the law and suppliers should take their own legal advice as necessary. In issuing this guidance, The Pensions Regulator does not commit to enter into any contract with individual businesses or group of companies.
Top ten tips on how to tender
1. Read the documents
Read the documentation carefully and make sure that you fully understand what is being asked of you. If there is anything that you don't understand, you can ask clarification questions via our e-Sourcing portal.
2. Do you want this contract? Can you do it?
Read the specification and make sure that you want to tender for the goods or services and that you can meet the requirements. Remember that your tender is a formal legal offer.
3. Provide all the information requested
Ensure that you supply all information requested and follow the instructions (for example, word counts). Incomplete or overly brief applications will not score well. Double check you've included everything in advance of the deadline.
4. Keep information to hand
Keep copies of certificates, policies, insurance documents etc together to save time locating and copying them while you are writing your tender.
5. Tell us what you can do
Make sure you answer all the questions and cover everything set out in the award criteria. Think about what you can offer that adds value or provides unique or innovative solutions but ensure these are related to the goods or services we need.
6. Meet the deadline
Ensure you return your documents by the deadline. Late submissions may not be accepted, so plan ahead to avoid delays.
7. Keep to the point
Don't include publicity or extraneous information in your submission unless requested. It won't be evaluated/assessed and will only increase the time spent processing your tender.
8. Costing your tender
Be clear in your pricing schedule and state any assumptions you might have made, such as resources needed, timescales etc.
9. Communication
When submitting a tender via our e-Sourcing portal, clarification questions will automatically go to the person registered on the system so if they go on holiday make sure someone else has access to their mailbox or add someone else to your company’s account.
10. Presentation
A clearly presented and well-written tender, cross-referenced if requested, is much easier to understand and evaluate/assess.
Introduction
This guide provides information on how to compete for contracts and the rules and regulations that need to be followed. It underlines our commitment to:
- support and encourage all suppliers, including small and medium enterprises (SMEs)
- ensuring value for money throughout the commercial lifecycle
- ensure social and economic value
- promote transparency
- make efficiency savings
The commercial process is underpinned by our commitment to best value when appointing suppliers, contractors, and consultants. We support suppliers by using standardised procedures and documentation to ensure transparency, fairness and equality.
To help you, we will aim to:
- publish all open tender opportunities greater than £12,000 on Contracts Finder
- publicise all tender opportunities greater than £138,760 using the Find a Tender Service (FTS).
- write tender documents in plain English
- set realistic timetables for tender submissions
- provide clear criteria on how we select our suppliers
- make our contracts as clear as possible using plain English and avoiding jargon
How to do business with TPR
Procurement opportunities and frameworks
TPR is required to use public sector framework agreements as a first port of call for all procurement requirements. Some local and central government frameworks are open to us, but the most widely used frameworks are those set up by the Crown Commercial Service (CCS). If, however, the procurement requirement cannot be met via these routes, only then can we go out to the open market.
If we procure via the open market, we will advertise opportunities on the Find a Tender service (FTS). Therefore, we recommend you register on Find a Tender for opportunity alerts, and to ensure you are participating in national frameworks. Detailed information can be found in the Suppliers: How to register your organisation and first administrator on Find a Tender guidance on the GOV.UK website.
To register, please follow these steps:
- Go to gov.uk and create a One Login account (PDF).
- Register your organisation by providing necessary details such as your Companies House number (or equivalent) and registered address.
- Complete your supplier information, including basic details, economic and financial standing, and any relevant exclusion grounds.
Preliminary market engagement
When appropriate we work with suppliers through a preliminary market engagement process. You may have been identified through a framework agreement, already be known to us, or be responding to a preliminary market engagement notice on Find a Tender. As part of this process, we may invite you along to our office in Brighton and explain our requirements or proposed options or run a virtual event. When participating, we encourage you to ask questions and let us know about current market developments. We may need to ask you to sign a confidentiality agreement to participate in this process.
Tender process
We publicise procurement opportunities by issuing an Invitation to Tender (ITT) or Request for Quotation (RFQ). Competitions will always be run via our e-Sourcing portal. This involves registering for full details, asking questions and submitting a tender.
During the procurement process, we may ask you to deliver a presentation or to clarify your proposals; again this is an opportunity for you to clearly articulate what you can offer.
We evaluate ITTs and RFQs using the Most Economically Advantageous Tender (MEAT) approach if we are using a framework governed by the Public Contract Regulations 2015. If we are awarding under the Procurement Act 2023 we apply the Most Advantageous Tender (MAT) approach. A direct award can sometimes be made through some frameworks if we consider this appropriate.
On award, all suppliers will receive feedback on their bids.
Contract management
We manage all contracts with varying levels of supplier engagement depending on the nature of the contract. To support this, we categorise our contracts on the level of interaction required. Strategic, or ‘gold’ contracts will be monitored on a monthly or quarterly basis. Management of non-strategic contracts (‘silver’ or ‘bronze’) takes place as appropriate.
End of contract
As a contract approaches its end, we review the contract history and outcome. If there is an option to extend the contract, we may review this with you to agree an extension period in line with the original contract or framework agreement, if this fits within our business requirements. If the contract no longer fulfils the business needs, or we decide to revisit the market to ensure value for money, we will notify you and initiate an agreed exit plan (depending on the size and scope of the contract). A contract termination notice will be published for all contracts over threshold of £139,688 including VAT.
Legal guidelines
TPR has a duty to procure in an open, fair and transparent way. This includes:
- providing an auditable framework under which we tender for goods and services
- ensuring 'best value' in all business transactions
- complying with law governing managing public money
- complying with the Cabinet Office controls
TPR must comply with UK Law when purchasing and have regard to the National Procurement Policy Statement. The Public Contract Regulations 2015 and the Procurement Act 2023 (to find out more about the Procurement Act 2023 access The Official Transforming Public Procurement Knowledge Drops guidance) apply to different commodities over certain values, and the thresholds are reviewed periodically. At present, the thresholds that apply to TPR are as follows:
| Supplies & Services | Works | Light touch regime | |
|---|---|---|---|
| Central government bodies | £139,688 | £5,372,609 | £663,540 |
| Other public sector contracting authorities | £214,904 | £5,372,609 | £663,540 |
All above-threshold requirements are either procured via a public sector framework or following advertisement in the FTS. The FTS process is designed to ensure compliance with the relevant procurement legislation. When following this process, we are required to stick to a specific timetable, and to conduct the competition in line with established rules.
Below these thresholds, we are still required to adhere to fairness and transparency in the way we procure goods, services and supplies. We employ the following internal processes to comply with our obligations and to ensure value for money:
- £0 to £12,000
For approved spend up to £12,000, further competition under a public sector framework will be run to purchase goods or services. Where a framework is not available, we will obtain at least three comparable quotes to ensure all bidders are given the same opportunity to bid for the product or service required and will keep these quotes for at least six years.
- £12,000 to £139,688
The procurement team will ensure the most appropriate tender procedure is used. This may mean either a further competition or direct award under a public sector framework, issuing tender documents via our e-Sourcing portal or, if no framework is available, an open tender route by advertising the opportunity on the Find a Tender service.
Alternatively, we may:
- consult with other public bodies and regulators for collaborative opportunities
- create bespoke framework agreements for niche services delivered to TPR, which will require a further competition before a call-off contract is awarded (unless a direct award procedure is permitted)
- invite a minimum of three suppliers in the market to register on our e-Sourcing portal and issue tender documents in exceptional circumstances and, where permitted by law to do so, award a contract to a single supplier under our direct award process (this requires full internal approval and is subject to rigorous scrutiny)
Tendering
Tender documents will be available to download from our e-Sourcing portal, once you are registered (registration is only required once), and you have expressed interest, or been invited to participate. These documents will include:
- a timetable detailing when tenders should be submitted
- guidance on how to complete and upload your response
- performance standards and the outcomes expected
- schedule of rates/pricing document where all prices should be entered
- terms and conditions of contract which set out the legal framework and the obligations of both parties
- quality requirements
- questions on how the services will be provided, which may include requests for supporting documentation relating to your experience, and/or references to help us evaluate the quality of the bid
- tender award criteria and methodology which advises how the tender submission will be evaluated/assessed and the contract awarded
For help and understanding how to use the e-Sourcing portal, the helpdesk (managed by Jaggaer) is available to all suppliers.
Please be aware that you must follow the instructions given on the e-Sourcing portal. Failure to do so may prevent us from considering your tender.
Tenders are all opened at the same time through a secure auditable electronic process after the tender return date. Once the tender documents have been opened, they are circulated to the evaluation/assessment panel. If you fail to supply your tender documents by the specified deadline, you may be excluded from progressing further. For further tips on how to improve your chances of being successful, see our top ten tips on how to tender.
Dos and Don'ts
Do:
- provide all details and signatures requested
- ensure you can supply the goods and services we need as per the specification
- provide all information requested in your response even if you are an existing supplier
- provide all relevant contact details
- return your tender by the deadline: late tenders may not be considered
Don't:
- contact anyone at TPR except the contact named in the tender documents and ensure this is via the portal, unless instructed otherwise
- expect any special treatment, all tenders are treated equally
- ask for a special meeting to discuss your bid during the tendering process as all tenderers must have equivalent rights and access to information
- be discouraged about being considered for further work if your tender fails
Award criteria
Our award criteria will take account of quality, whole life costing and if above -threshold, social value. The award criteria will be available in the ITT. If your bid meets all the criteria and offers us the best economic and social value, you will be awarded the contract via our e-Sourcing portal. A letter will be uploaded to the portal for successful and unsuccessful tenderers with scoring details.
Debriefing
We aim to ensure, within the constraints of confidentiality, that suppliers are made aware of the reasons why their bid was not successful on request. Our objective is to comment constructively on the strengths and weaknesses of your bid to enable you to better compete for future work. We also encourage comment about any aspects of the tender process that were unclear or that required you to go to considerable efforts.
Approved supplier lists
It is not our policy to use approved supplier lists. Each requirement is treated separately.
How to find the opportunities
Goods and services contracts valued in excess of £139,688 are advertised in the FTS. This value is reviewed periodically. We will also advertise all contracts on our eSourcing portal. Additionally non-framework opportunities over £12,000 are advertised via the FTS.
You can find a list of websites and useful contacts to help you find more opportunities in our Appendix 2 Framework directory.
Contract compliance
All awarded contracts will be monitored to:
- ensure satisfactory performance of the contracted supplier and compliance with the contract
- ensure resolution of any disputes arising during the contract and
- develop relationships with suppliers with the objective of producing continual improvements in contracts
Opportunities for SMEs and VCSEs
We aim to encourage small and medium enterprises (SMEs), and Voluntary, Community and Social Enterprise (VCSE) organisations to bid for our contracts, removing identified barriers. We are committed to further enhance opportunities for these organisations wherever possible, while maintaining our value for money objective and the need to treat all companies fairly.
Our initiatives to help SMEs and VCSE’s include:
- streamlining of procedures and documentation
- paying invoices promptly
- use of approved quality standards
- increased awareness of procurement activity
- use of government portals to advertise opportunities
Complaints procedure
If you have a complaint about unfair treatment or discrimination that cannot be resolved through the contract manager, please write to the Head of Commercial and Facilities via: acommercial@tpr.gov.uk.
Appendix 1 Useful websites
Find a Tender
This GOV.UK platform offers guidance and direct access to current and future public sector tender opportunities over £12,000.
Crown Commercial Service
An executive agency of the Cabinet Office providing a range of procurement services for the public sector. These include catalogues and frameworks for pre-tendered goods and services in categories; being included in one of these will increase your visibility with the public sector as the catalogues are widely used by central government and local authorities.
Equality and Human Rights Commission
The commission has a statutory remit to promote and monitor human rights; and to protect, enforce and promote equality across the nine ‘protected’ grounds. They provide information to ensure public sector bodies meet their equality duties when they carry out procurement, to ensure best value and compliant with UK laws and policies.
Appendix 2 Framework directory
There are a number of different bodies that have set up framework agreements through which we may procure suppliers. These include, but are not limited to, the bodies listed below.
Crown Commercial Service (CCS)
info@crowncommercial.gov.uk
0345 410 2222
Eastern Shires Purchasing Organisation (ESPO)
Contact ESPO
0116 265 7878
Yorkshire Purchasing Organisation (YPO)
Contact YPO
01924 834 926
Fusion 21
info@fusion21.co.uk
0845 308 2321
National Health Service (NHS)
Contact NHS
NHS London Procurement Partnership
customer@lpp.nhs.uk
020 7188 6680
Health Trust Europe
helpdesk@healthtrusteurope.com
0845 887 5000
Appendix 3 Supplier information
Financial assessment
We may ask you to supply your last two to three years of audited accounts. This must be a full set of accounts, including a profit and loss statement, the balance sheet and all notes to accompany the accounts. The accounts should also include the auditor’s report and the director’s report, if applicable.
Insurance
We may ask you to confirm you have or will obtain if awarded the contract, the necessary insurance cover, including public liability, employers’ liability, and, where applicable professional indemnity insurance.
Health and safety
All suppliers are required to comply with the duties set out in the Health and Safety at Work Act 1974 and associated legislation, and we may ask you to provide a copy of your company policy.
Technical assessments - reference sites and referees
We may undertake a technical assessment to assess your experience and ability to provide goods and services. We may also ask to carry out a site visit as part of the procurement process, or before we award the contract.
How to contact us
Email us acommercial@tpr.gov.uk.