PARTNER / SUB-CONTRACTOR DUE DILIGENCE QUESTIONNAIRE Guidance Notes The purpose of this questionnaire is to:- Ensure that potential ESF partners/sub-contractors meet the minimum standards required by the College. You may be asked to clarify your answers or provide more details about certain issues before being accepted as a potential ESF partner or subcontractor to the College. The submission of the Due Diligence Questionnaire is the first step to becoming a partner or subcontractor with Boston College on an ESF Co-Financed Contract. Please note being accepted onto the College s potential partners / sub-contractors list does not guarantee that your organisation will be offered a contract*. Please answer all questions carefully as incomplete responses may lead to rejection of the questionnaire. If a question does not apply to your organisation please answer N/A rather than leaving the section unanswered. We will not accept any questionnaires that have had the questions altered in any way. Please return an electronic version of this form to rebecc-c@boston.ac.uk By 29 th February 2016 If you have any queries about this questionnaire, please contact Rebecca Clark, T: 01205 365701 x6275 rebecc-c@boston.ac.uk * You are advised that nothing in this Partner/ Sub Contractor Due Diligence documentation or any other communication from or with Boston College shall be taken as constituting a contract or other binding agreement or a representation that any contract shall be offered in accordance herewith or at all. Boston College reserves the right to modify, amend or seek further clarification on Partner/ Sub Contractor Due Diligence documentation at any time prior to contracting. Please note that your organisation is not entitled to claim from Boston College any costs or expenses which may be incurred in the preparation of your due diligence submission.
BOSTON COLLEGE DUE DILIGENCE QUESTIONNAIRE *Please delete as appropriate to answer the question 1 DETAILS OF YOUR ORGANISATION 1.1 Legal name of organisation: 1.2 Trading name of organisation: (if different from the above) 1.3 Main function of organisation (SIC code if known) 1.4 Contact name: 1.5 Job Title: 1.6 Address: Post Code: 1.7 Telephone number: 1.8 E-mail address: 1.9 Website address (if any): 1.10 Company Registration number (if this applies): 1.11 Charities or Housing Association or other Registration number (if this applies). Please specify registering body: 1.12 Date of Registration: (if this applies) 1.13 Registered company address if different from the above: Post Code: 1.14 Are you registered for VAT?
1.15 1.16 If YES please provide Registration number: Please provide your UK Provider Reference Number (UKPRN)** **Please see http://www.ukrlp.co.uk as this is a mandatory requirement Is your organisation registered on RoTO? 1.17 Is your organisation: (please indicate by ticking the appropriate box) i) a public limited company? ii) a limited company? iii) a limited liability partnership (LLP)? iv) Statutory Corporation? E.g. Further Education College v) other (please specify the legal status of your organisation)? 1.18 Is your organisation part of a group of companies? If YES please give details below. 1.19 Name of (ultimate) parent company (if this applies): 1.20 Companies House registration number of parent company (if this applies): 2 FINANCIAL INFORMATION 2.1 If you are invited to supply services to Boston College we may require you to submit evidence of financial stability, usually a set of the last audited accounts for your organisation and details of your banker including a contact name and address from whom we may apply for references. Please indicate which of the following you would you be able to provide (please tick a minimum of one). Please enclose a copy with the return of this questionnaire. A copy of your audited accounts for the most recent year (if this applies) A statement of your turnover, profit & loss account and cash flow for the most recent year of trading A statement of your cash flow forecast for the current year and a bank letter outlining the current cash and credit position (if trading for less than a year) 2.2 Has your organisation had any CCJs issued against it within the last 3 years
2.3 Please state the percentage proportion of your annual income for the provision of educational and vocational training or employment support services that comes from the public purse. 2.4 Do you currently hold contracts for provision funded by the Skills Funding Agency, either as direct or sub-contractor, with a cumulative value in excess of 100,000 per annum? 2.5 Please indicate the size category of your organisation 2.6 Please list names of all directors, company secretary, partners or other persons occupying positions of financial authority within your organisation. *Less than 10 employees *Less than 50 employees *Less than 250 employees *Less than 5000 employees *More than 5000 employees 2.7 Have any of the above ever been, or are currently in bankruptcy, insolvency, compulsory winding up, receivership, composition with creditors, or subject to relevant proceedings. If you answer YES we will require further details before proceeding to contract. 3 INSURANCE 3.1 Please state your current level of insurance cover for the following. Please note: Please submit a copy of relevant certificates with this document Employer s Liability: Public Liability: Professional Indemnity : Other (Specify): 4 COMPETENCIES 4.1 Does your organisation hold approved centre status from relevant awarding organisations to deliver education and training services and be able to provide verification of this on request? 4.2 Does your organisation hold certification from relevant awarding organisations (eg Matrix) to deliver IAG or other support services? If YES please specify, together with date of accreditation. 4.3 Will all staff delivering training / teaching on funded programmes on behalf of Boston College hold or be working towards Qualified Teacher Status? 4.4 Does your organisation hold evidence of other professional qualifications of its staff that it is prepared to submit for verification on request?
4.5 Does your organisation actively encourage CPD for staff and have an auditable record of staff development? 5 CONTRACTUAL COMPLIANCE 5.1 Claims to Boston College will be made in arrears, based on actual delivery and the submission of the correct documentation within defined timetables. Please confirm that your organisation has the resources and capacity to work within this framework. 5.2 Do you have a business continuity plan that will cover your ability to continue to deliver the services for which you are or may be contracted with Boston College? 5.3 Are you registered with the Information Commissioner s Office for processing or intending to process personal data for educational purposes? If YES please give registration number: Please provide brief details of any contracts or sub-contracts funded through the Skills Funding Agency that are currently held by your organisation (eg direct or indirect contracts, contract amounts, services delivered) 6 QUALITY ASSURANCE 6.1 Does your organisation undertake an annual self-assessment of its training activities in accordance with a recognised quality framework and produce results in a written report? If Yes, please complete questions 6.1.1 6.1.5 6.1.1 Date of Most Recent SAR 6.1.2 Overall Grade 6.1.3 Outcomes for Learners Grade 6.1.4 Quality of Teaching and Learning 6.1.5 Effectiveness of Leadership and Management If YES please also state which quality framework is followed: 6.2 Does your organisation produce a Continuous Improvement Plan based on its annual self-assessment?
6.3 If the answer to either 6.1 or 6.2 is NO, please explain how your quality improvement processes are assessed and managed (Max 100 words): 6.4 If required, does your organisation have established systems in place to undertake robust Initial Assessment of learners? 6.5 If required, does your organisation have systems in place to identify and support learners with additional needs? 6.6 If required, does your organisation have established systems in place to monitor learner progress? 6.7 Does your organisation have established systems in place to collect and act upon client / learner feedback? 6.8 If required, does your organisation have established systems in place to collect and act upon employer feedback? 6.9 Would all personnel used to fulfil any contracts agreed with Boston College be direct employees of your organisation? If NO please describe any arrangements that may be made to fulfil the contract:- Note: sub-contracting of any provision delivered on behalf of Boston College is not permitted. 6.10 Has your organisation had a full inspection by OFSTED? If YES please give the OFSTED unique reference number and date of the latest inspection: Provider Reference: 6.10.1 Overall Grade 6.10.2 Outcomes for Learners Grade 6.10.3 Quality of Teaching and Learning
6.10.4 Effectiveness of Leadership and Management 6.11 Please detail where you are currently delivering in Greater Lincolnshire and where you are able to deliver across the area. 6.12 Please state what you are currently delivering in Greater Lincolnshire 6.13 Please describe your processes for engaging with employers and identifying their training needs (Max 400 words) 7 HEALTH & SAFETY 7.1 Does your organisation have a written health and safety policy that demonstrates your compliance with Health and Safety legislation? If yes, please provide a copy. 7.2 When were your Health and Safety procedures last audited and / or reviewed and updated? 7.3 In the past 5 years has your organisation ever been prosecuted under health & safety legislation or been served prohibition or improvement notices by an Enforcing Authority such as the Health & Safety Executive? Please note that if YES further details will be required before contracting 7.4 Do you have systems in place to undertake and / or monitor risk assessments at employer locations 7.5 Does your Health and Safety policy make reference to and arrangements for clients / learners? 7.6 Please name and state the position of the person who will have responsibility for the Health and Safety of clients / learners: 8 EQUALITY AND DIVERSITY 8.1 Do you collect and monitor equality and diversity data relating to your organisation and the services it provides, including that on ethnicity, gender and
disability? 8.2 Where relevant, do you monitor participation and success rates of learners by ethnic origin, gender and disability? 8.3 Do you produce an action plan with targets based on the analysis of the equality data collected and review progress regularly? 8.4 In the last three years has any finding of unlawful discrimination been made against your organisation by any court or industrial or employment tribunal or equivalent body? 8.5 If YES, what steps did your organisation take as a result of that finding? 8.6 Do you undertake, in the delivery of services to Boston College, to actively promote good practice in terms of ensuring equality and eliminating discrimination in all forms through, as a minimum: a The implementation of an organisational Equality and Diversity policy? b Providing relevant examples of the instructions, documents, recruitment advertisements or other literature with concern to the delivery of the contracted services when requested by Boston College? c Issuing appropriate messages to clients / learners concerning recruitment onto provision and / or training progression? 8.7 Do you ensure that all staff in your organisation undertake training so that they are aware of their responsibilities under your Equality & Diversity policy and the Equality Act 2010? 9 SAFEGUARDING 9.1 Does your organisation have a written Safeguarding policy that demonstrates your compliance with Safeguarding requirements? If yes, please provide a copy. 9.2 Please name and state the position of the person who will have responsibility for the safeguarding of clients / learners: 9.3 Do you undertake DBS checks for all staff working with young people and vulnerable adults? 9.4 We will require the DBS check reference numbers and the date that they were undertaken for all staff working with learners on this project. Are you happy to provide this information? 9.5 Do you ensure that all staff in your organisation undertake training so that they are aware of their responsibilities under your safeguarding policy and the law?
10 REFERENCES Please provide the names and contact details of two organisations to whom you have delivered training (or services similar to those being offered to Boston College) within the last three years: 10.1 Customer Organisation (name): Website (if available) 10.2 Customer contact name, phone number and email 10.3 Date contract awarded: 10.4 Brief description of contract 10.5 Indicative value: e.g. circa 50K Contract 1 Contract 2 If you cannot provide at least one reference, please briefly explain why (100 words max) 11 PROFESSIONAL AND BUSINESS STANDING 11.1 Has your organisation ever been removed from a contract prior to its intended close date for failure to meet minimum levels of performance or for any other reason? If you answer YES we will require further details before proceeding to contract. 11.2 Do any of the following apply to your organisation, or to (any of) the director(s) / partners / proprietor(s) or any other person with powers of representation? i A conviction (or convictions ) for a criminal offence related to business or professional conduct ii In a state of insolvency, voluntary administration, compulsory winding up, receivership, composition with creditors, company voluntary arrangements or subject to equivalent proceedings? iii Failure to fulfil obligations related to the payment of taxes
iv Failure to fulfil obligations related to the payment of social security contributions? v Legal or administrative finding of commission of an act of grave misconduct in the course of business vi Failure to provide information required or providing inaccurate/misleading information when participating in a procurement exercise vii Failure to obtain and maintain relevant licences or membership of an appropriate trading or professional organisation where required by law 11.3 11.3.1 11.3.2 11.3.3. 11.4 11.4.1 11.4.2 11.4.3 11.4.4 11.4.5 11.4.6 11.4.7 Has your organisation or any of its directors or any other person who has powers of representation, decision or control of the organisation been convicted of any of the following offences: Conspiracy within the meaning of Section 1 of the Criminal Law Act 1977 (where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of the Council Joint Action 98/733.JHA. Corruption within the meaning of Section 1 of the Public Bodies Corrupt Practices Act 1889, Section 1 of the Prevention of Corruption Act 1906; corruption as defined in Article 3 of the Council Act of 26 May 1997 and Article 3(1) of Council Joint Action 98.742/JHA. The offence of bribery Fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of: The offence of cheating the Revenue The offence of conspiracy to defraud Fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978 Fraudulent trading within the meaning of Section 458 of the Companies Act 1985 Defrauding HM Revenue & Customs within the meaning of the Customs & Excise Management Act 1979 and the Value Added Tax Act 1994 An offence in connection with taxation in the European community within the meaning of section 71 of the Criminal Justice Act 1968 Destroying defacing or concealing of documents or procuring the extension of a valuable security within the meaning of Section 20 of the Theft Act 1968
Money laundering within the meaning of the Money Laundering Regulations 2003 and as defined in Article 1 of Council Directive 91.308.EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering Any other office within the meaning of Article 45(1) of the Public Sector Directive For anywhere where the answer is YES, please give brief details below: 12 ENVIRONMENTAL SUSTAINABILITY 12.1 Does your organisation have a written Sustainability Policy? If yes, please provide a copy.
13 DECLARATION By submitting this document electronically I/We certify that the information supplied within this questionnaire is accurate to the best of my/our knowledge, and that I/We accept the conditions and undertakings requested in this questionnaire. I/We understand that false information could result in my/our exclusion from this and future exercises. I/We understand that if the organisation or its employees does anything which could constitute an offence under s1 of s7 of the Bribery Act 2010 the College reserves the right to exclude the organisation from this & any future procurement. Please enter the name of the person and contact number confirming the above declarations, and the date of the confirmation. Name: Position (Job Title): Date: Telephone number: