Insurance Services II

Crown Commercial Service (the Authority) is putting in place a Pan Government Collaborative Framework Agreement for use by UK public sector bodies identified at VI.3 (and any future successors to these organisations), which include Central Government Departments and their Arm’s Length Bodies and Agencies, Non Departmental Public Bodies, NHS bodies and Local Authorities.

The Authority is seeking to establish a Framework Agreement for the provision of insurance, insurance related services and compensation claims handling. The Services have been divided into the following lots: • Lot 1 (insurance and associated support services); • Lot 2 (insurance brokerage and associated support services); • Lot 3 (insurance and associated support services for housing associations and registered providers of social housing); • Lot 4 (insurance brokerage and associated support services for the Ministry of Defence (MoD)); and • Lot 5 (compensation claims handling and associated support services).

Potential Providers have the opportunity to submit a Tender for all or any combination of the 5 Lots. However, in order to ensure that the competition on the Framework Agreement is not distorted, Potential Providers are not permitted to submit more than one Tender for each Lot regardless of whether that Tender is submitted in their own name or as part of a Group of Economic Operators. If a Potential Provider submits more than one Tender for the Lot, the Authority is entitled to disqualify one or all of the Tenders submitted by the Potential Provider in respect of the relevant Lot.

The Authority reserves the right for an electronic auction to be held by a Contracting Authority during Further Competition Procedure among the parties to the Framework Agreement(s) excluding Lot 4 and Lot 5.

Electronic ordering and/or electronic invoicing and/or electronic payment may be used during the period of the Framework Agreement and through the lifespan of any Call Off Agreements

The Authority considers that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) may apply at the Call Off Agreement Stage for Lot 4 and Lot 5. TUPE may apply as the activities are considered to be fundamentally the same.

TUPE is not considered to be an issue in respect of Lot 1, Lot 2 or Lot 3. This is on the basis that there is no organised grouping of employees dedicated to providing these services under the current arrangements. Potential Providers should therefore not take TUPE into account when completing Attachment 19 – Pricing Matrix in respect of Lot 2. In respect of Lot 4 and Lot 5 at present the incumbent Supplier has indicated that TUPE is relevant.

It is the responsibility of Potential Providers to take their own advice and consider whether TUPE is likely to apply in the particular circumstances of the contract and to act accordingly. The Potential Provider is encouraged to carry out its own due diligence exercise (see Para 14 of ITT).