Schedule – Document 1

NB –names of officers in Welsh Government have been redacted from all documents in accordance with S40(2)

Question Date of Document

Description Released in entirety

Exemptions

1 20/03/2019 Email from Official 2 to Official 3

N S42 – legal professional privilege

20/03/2019 Email from Official 3 to Official 1

N S42 – legal professional privilege

2(i) N/a Correspondence between lawyers and CPS Procurement officials

N S42 – legal professional privilege

2(ii) N/a Correspondence between Head of Procurement and Procurement officials

N S43(2) – commercial interest

2(iii) N/a Correspondence between Deputy Director and Procurement officials

N S42 – legal professional privilege

3 N/a Correspondence received by Welsh Government regarding extension of deadline

Y

4 08/11/2019 Message from Welsh Government to bidders regarding decision to extend PQQ deadline.

N S43(2) – commercial interest

5 08/11/2019 Email from Official 4 to Official 5

Y

6 N/a How many bidders submitted bids for each lot

Y

7 N/a How many PQQ bids were deemed to be non-compliant for each lot

Y

8 N/a Of those PQQ bids that were deemed to be non-compliant due to failure to submit ‘All lot’ PQQ

Y

9 22/11/2018 Email from Official 3 to Official 4

Y

Response - Document 1 Q1. Any report, meeting minutes or other documentation setting out the justification for the decision to deem Genesis’ PQQ bid as non-compliant.

Invitation to Tender Document highlights the justification for the decision to deem Genesis bid as non-compliant at the following points:

8.11 Bidders should read the instructions within this ITT and any instructions provided on the eTenderWales portal before submitting a Bid Response to this ITT. Failure to comply with these requirements for completion and submission of the Bid Response may result in the rejection of the Bid Response. Bidders are therefore advised to acquaint themselves fully with the instructions and conditions set out in this ITT.

8.12 The Client requires adherence to all instructions and conditions within this ITT from each of the Bidders and the participation in the tender process by each of bidder shall be construed as unqualified acceptance of such obligations by and on behalf of that Bidder.

8.14 Bidders should respond as follows on the eTenderWales portal:

PQQ (First Stage):

8.14.1 Complete the Qualification Response:

8.14.2 The Bidder must complete all relevant questions in the “Communication and Marketing Framework - Qualification Questions All Lots” (eTenderWales reference pqq_32536). Bid Responses that do not meet the requisite criteria will not progress to the next stage of the evaluation.

8.14.3 Complete the Lot specific PQQ questions (eTenderWales references Lot 1 - pqq_32537, Lot 2 – pqq_32610, Lot 3 – pqq_32613, Lot 4 – pqq_32617, Lot 5 – pqq_32614, Lot 6 – pqq_32615, Lot 7 – pqq_32552, Lot 8 – pqq_32618, Lot 9 – pqq_32616) for the Lots you wish to bid for (maximum of 3 Lots)

8.14.4 You are required to select the Lot(s) you are bidding for in your PQQ response by completing the Lot specific questions for each Lot you wish to submit a bid for on the eTendeWales Portal. All bidders must

also complete the general qualification question set on the eTenderWales portal. For example, if you wished to submit a bid for Lots 1 and 3, you would need to complete:

the “Communication and Marketing Framework - Qualification Questions All Lots” (eTenderWales reference pqq_32536);

the “Communication and Marketing Framework - Lot 1 Qualification Questions” (eTenderWales reference pqq_32537); and

the “Communication and Marketing Framework - Lot 3 Qualification Questions” (eTenderWales reference pqq_32613).

Information was also provided within the Lot Specific e-tender wales online document at note 1.1.1 which Genesis completed:

Please note that the requirement for Framework Number F385/2017/2018 "Communication and Marketing framework" - is made up of the following documents: - Invitation to Tender including all its schedules and annexures - Specification including all its annexures - Terms and Conditions - Technical Response Template (not to be completed at this PQQ stage) - Commercial Response Template (not to be completed at this PQQ stage) - Community Benefits Template (not to be completed at this PQQ stage) Bidders must download these documents and consider the details before they complete the Qualification Questions All Lots (reference pqq_32536) and their Lot specific PQQ response(s). Bidders should note that any costs involved in the tender process are the responsibility of the supplier. The Client holds no liability in this respect and will not reimburse costs associated with the preparation, drafting and submission of tenders.

An email from the Welsh Government's Deputy Director for Commercial and Procurement providing justification for the decision of the non-compliant bids. From: Official 1 (ESNR - Value Wales) Sent: 21 March 2019 18:42 To: Official 2 (ESNR - Corporate Procurement Services) Official 3 (ESNR - Corporate Procurement Services) Subject: Re: F385/2017/2018

Hi both, Thank you for sending through and highlighting ... Looking at it, Section 8.14 provides very clear instructions around the completion of the PQQ documents ... On that basis, I am happy for you to proceed to the next stage with the 65 suppliers that got it right ... Best regards

Official 1

From: Official 2 (ESNR - Corporate Procurement Services) Sent: Wednesday, March 20, 2019 8:18 pm To: Official 3 (ESNR - Corporate Procurement Services); Official 1 (ESNR - Value Wales) Subject: RE: F385/2017/2018

Official 3 – thanks Official 1 – I have highlighted exactly on the attached instructions to tenderers where reference is made to the lot pqqs and commented where it refers specifically refers to the All Wales Lot PQQ 32536. When you see it like this it, rather than just as extracts, it really demonstrates that we have been very clear about what was required. VWCPS ITT - FOR COMMUNICATION & MARKETING FRAMEWORK (vA50964515).docx Redacted S42. I am on leave tomorrow, as you know, if you could go back to Official 3 that would be great. Official 2 _____________________________________________ From: Official 3 (ESNR - Corporate Procurement Services) Sent: 20 March 2019 15:03 To: Offical 1 (ESNR - Value Wales) Cc: Official 2 (ESNR - Corporate Procurement Services) Subject: F385/2017/2018 Hi Official 1, Please find attached the Legal Advice, the ITT and the Specification for this Framework: Redacted S42 For information this is the request that I submitted to legal, it will provide you with a summary of the situation: Redacted S42 Thanks Official 3

Official 3 MCIPS, Chartered Procurement and Supply Professional

Q2. Any report, meeting minutes or other documentation between the procurement official in charge of the Framework procurement and (1) the Welsh Government’s lawyer, whether in-house or external (ii) the Welsh Governments Head of Procurement and /or (iii) the Welsh Governments Deputy Director for Commercial and Procurement.

I. Correspondence between the Welsh Government’s lawyer and CPS Procurement officials in relation to the procurement of this Framework are exempt from disclosure by section 42 of the Freedom of Information Act 2000.

II. Exempt under S43(2). III. Provided within response for Q1.

Q3. Any correspondence received by Welsh Government (through the Portal or otherwise) requesting an extension of the deadline for submission of PQQ bids. No information held as no correspondence was received by the Welsh Government requesting an extension of the deadline prior it expiring on 15th November 2018. Requests to submit a response after the deadline were received on 18 & 20/2/2019 from 2 suppliers following the PQQ outcome these requests were declined. Q4. Any response from Welsh Government (through the Portal or otherwise) requesting an extension of the deadline for submission of PQQ bids.

No information held as we did not receive any requests of this nature prior to the deadline expiration. As above, two requests were received 18 & 20/2/2019 –

Date18/02/2019 15:33

Sent by Redacted S43(2).

Sent from User: Redacted S43(2).

Subject Re: PQQ outcome - Redacted S43(2).

Message

Obviously we are surprised and disappointed to not be invited to the next stage of the Framework process. Due to the change in the framework application process and our oversight we can see that we have not submitted the required documentation for the “Communication and Marketing Framework - Qualification Questions All Lots”. We understand this is required for the next stage, and as we have been on the framework for several years we know that we meet all of the qualification criteria.

Due to this and having delivered work for the Welsh Government, we would ask that we be allowed to submit this retrospectively and be considered for Stage 2 of the process. If given access to the questionnaire, this can be submitted by the end of the working day.

Date 20/02/2019 13:15

Sent by Redacted S43(2).

Sent from User: Redacted S43(2).

Subject Re: Re: Re: PQQ outcome - Redacted S43(2).

Message

Hi Official 5 Thanks for the response and the clarification. We now understand what we've missed and we're very disappointed as we feel it was very confusing. We've never had to tender and fill in multiple PQQ document since using the platform for over 4 years and tendering on several project a year. We do feel that we've missed out on the opportunity as we did fill in the specific lot PQQ_32613. We feel there should have been a fail safe in there to say that we haven't completed all documents as the PQQ does say that all questions have been answered. If there was a tick box or message to say that we still hadn't completed the separate PQQ_32536 then we wouldn't have missed this as we know that we are definitely eligible to apply for the ITT stage. Can I ask if anyone else has failed to complete either document and encountered this issue? Is there anyway we can re-apply/complete the PQQ_32536 as we could have it completed today if there was. Thanks again Redacted S43(2). These requests were declined However, the following message was broadcasted through the All Lot PQQ message board via the portal prior to the deadline:

Date

08/11/2018 16:39

Subject

Visuals / video links query update and PQQ deadline extension

Message

The clarification period has ended but we are sending this message to answer queries

received since that are relating to clarifications received before the clarification period

ended.

For the applicable Lots a maximum of 3 additional pages of visuals in total can be

submitted to support your 3 case studies. These can be one visual per page or multiple

visuals per page. This also applies to video links to support your 3 case studies for Lot

3.

The PQQ deadline is being extended to 2pm on Thursday 15th November.

Q5. Any report, meeting minutes or other documentation setting out the justification for extending the deadline for submission of PQQ bids. -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 16:42 To: Official 5 (OFM - Communications) Subject: RE: Visuals clarification Messages now broadcast, slight tweak to the last one in case those bidding for the Lots visuals are not applicable to get confused, The clarification period has ended but we are sending this message to answer queries received since that are relating to clarifications received before the clarification period ended. For the applicable Lots a maximum of 3 additional pages of visuals in total can be submitted to support your 3 case studies. These can be one visual per page or multiple visuals per page. This also applies to video links to support your 3 case studies for Lot 3. The PQQ deadline is being extended to 2pm on Thursday 15th November. Official 4 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 16:33 To: Official 5 (OFM - Communications) Subject: RE: Visuals clarification Oh yeh, thanks glad you said that! Official 4 -----Original Message----- From: Official 5 (OFM - Communications)

Sent: 08 November 2018 16:30 To: Official 4 (ESNR - Corporate Procurement Services) Subject: RE: Visuals clarification Ok, Thursday is 15th though, don't want another query on the date :) Thanks so much for looking after the queries. Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 16:28 To: Official 5 (OFM - Communications) Subject: RE: Visuals clarification Thanks will send both messages now and closing Thursday 16th is ok too. Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 16:24 To: Official 4 (ESNR - Corporate Procurement Services) Subject: RE: Visuals clarification Hi, I think that's clear now that they can only use 3 pages, but can have more than one image / photo etc., on each page. Thanks Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 16:21 To: Official 5 (OFM - Communications) Subject: RE: Visuals clarification How's this now? I'm waiting confirmation from my end its ok to come forward to Thursday 15th from the Friday 16th, but it’s the message wording on number of pages I want you to check, thanks. The clarification period has ended but we are sending this message to answer queries received since that are relating to clarifications received before the clarification period ended.

You can submit a maximum of 3 additional pages of visuals in total to support your 3 case studies. These can be one visual per page or multiple visuals per page. This also applies to video links to support your 3 case studies for Lot 3. The PQQ deadline is being extended to Thursday 15th. Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 15:48 To: Official 4 (ESNR - Corporate Procurement Services) Subject: RE: Visuals clarification The current reply to Q42 is 'Links to 3 videos or 3 visuals can be submitted for Lot 3, along with a maximum of 3 pages for the response'. I think that's quite clear and the other clarification only references the visuals so I don't think we need to add /links. Thanks Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 15:43 To: Official 5 (OFM - Communications) Subject: RE: Visuals clarification Oh yes I thought it said links but can see it's not, if you have a look at number clarification 42 on the attached, that’s what I'm thinking of - what do you think not mentioning links will mean, could we have queries on that if we don’t mention them and have to extend again? Thanks Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 14:30 To: Official 4 (ESNR - Corporate Procurement Services) Subject: RE: Visuals clarification Hi, I can't see any reference to links to any material. It only says they've included 'several visuals and/or illustrations, plans and photographs' per page.

-----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 14:15 To: Official 5 (OFM - Communications) Subject: RE: Visuals clarification That’s the question in this query though (see below in this email chain), so if we allow multiple visuals we should allow multiple links shouldn’t we? Thanks Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 14:12 To: Official 4 (ESNR - Corporate Procurement Services) Subject: RE: Visuals clarification We don't need to include / links do we? That's only for the filming Lot and will link to the video produced for each case study. -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 14:07 To: Official 5 (OFM - Communications) Subject: RE: Visuals clarification Great, shall I add in '/ links' after visuals? Ill add in the wording as I mentioned then. Thanks Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 13:59 To: Official 4 (ESNR - Corporate Procurement Services) Subject: RE: Visuals clarification How about this You can submit a maximum of 3 additional pages of visuals in total to support your 3 case studies. These can be one visual per page or multiple visuals per page. This also applies to Lot 3.

Thanks Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 13:54 To: Official 5 (OFM - Communications); Official 6 (OFM - Communications) Subject: RE: Visuals clarification The requirement is a minimum of 6 days, so Friday 16th would be the leaving the 6 days in between sending this update and PQQ closing. Doing a day earlier isn’t going to make much difference either as the PQQ closes at 2 and the evaluation guidance is that we don’t open for an hour after that, Official 3 often works 7 until 3 so it would be the Monday then anyway. Sorry, I mean wording for the clarification on the visuals, links allowed, ill add the other re extending and answering after clarification has ended. Thanks Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 13:48 To: Official 4 (ESNR - Corporate Procurement Services); Official 6 (OFM - Communications) Subject: RE: Visuals clarification Hi, I'm not sure, is there a standard form of words? I don't really see why we need any extension as it's such a small clarification. At most, a supplier might want to rearrange their visual pages to include another photo, but there's still a week until the deadline, or is it a legal requirement. Thanks Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 13:42 To: Official 5 (OFM - Communications); Official 6 (OFM - Communications) Subject: RE: Visuals clarification I've just checked and we can do the Friday the16th Official 5, we've said 2 different things so giving until then will hopefully appease the bidders and its compliant - hopefully that’s ok, wondering how do you want to say this? Thanks Official 4

-----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 13:26 To: Official 4 (ESNR - Corporate Procurement Services); Official 6 (OFM - Communications) Subject: RE: Visuals clarification Ok, can we just extend by one day, so the 15th, as it's such a small clarification and not a completely new query -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 13:24 To: Official 5 (OFM - Communications); Official 6 (OFM - Communications) Subject: RE: Visuals clarification I'll double check on the 16th date now and get back to you. As Official 3 doesn't work Fridays it wouldn't be opened that day, hopefully she can do the Monday. Thanks Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 13:17 To: Official 4 (ESNR - Corporate Procurement Services); Official 6(OFM - Communications) Subject: RE: Visuals clarification Hi, I don't think anyone will need to make any major changes to their submission, so could we extend to 16th? I'm going on leave on 22nd and need to get all the PQQs out to the panels before then. The consensus meetings start on 3 December. Thanks Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 13:04 To: Official 5 (OFM - Communications); Official 6 (OFM - Communications) Subject: RE: Visuals clarification I see, cross wires I think - sorry about that. Yes we would need to extend, is it ok to extend to Monday 19th November as we are changing the response? Thanks

Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 12:38 To: Official 4 (ESNR - Corporate Procurement Services); Official 6(OFM - Communications) Subject: RE: Visuals clarification Sorry, I read the response to 37 as 1 image to a page or multiple images together. I think the response to Q16 is the clearest. It's the number of pages submitted that we wanted to limit, not how many pictures are on each page. If we refer back to Q16 as the final clarification, why do we need to extend the deadline? Thanks Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 12:33 To: Official 5 (OFM - Communications); Official 6 (OFM - Communications) Subject: RE: Visuals clarification Yes, but if you remember I mentioned that in the attached email when querying how to respond to the latest query on this as it was different to what the question said in the PQQ. If you want to revert back to response to Q16 I think we'll have to extend the PQQ deadline, let me know? Thanks Official 4 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 12:27 To: Official 4 (ESNR - Corporate Procurement Services); Official 6(OFM - Communications) Subject: RE: Visuals clarification Hi, we just realised we also sent this clarification regarding the visuals; Can we check what the reference to 3 visuals means. Are these to be 3 standalone images (i.e. one image per case study) or 3 additional pages of A4 that we can use to showcase a selection of visuals for each case study? You can submit a maximum of 3 additional pages of visuals in total to support your 3 case studies

Can we reference this answer for the latest query. Thanks Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 08 November 2018 11:27 To: Official 5 (OFM - Communications); Official 6 (OFM - Communications) Subject: RE: Visuals clarification With this though we have said 3 visuals haven’t we? Official 5 -----Original Message----- From: Official 5 (OFM - Communications) Sent: 08 November 2018 09:48 To: Official 4 (ESNR - Corporate Procurement Services); Official 6(OFM - Communications) Subject: RE: Visuals clarification This is getting confusing. Can we send this response; For clarification, in addition to the 3 pages of written evidence, an additional 3 pages of visuals may be submitted. The 3 visual pages can be single images, or multiple images on each page. Thanks Official 5 -----Original Message----- From: Official 4 (ESNR - Corporate Procurement Services) Sent: 07 November 2018 16:48 To: Official 5 (OFM - Communications); Official 6 (OFM - Communications) Subject: FW: Visuals clarification Here's the other one, can you let me know which Lots we allowed the 3 visuals for, on top of the 3 page response allowance? I'm in Procurex tomorrow but will pick this up after 10am from there. I think we have been clear about the 3 but will double check from my end. Thanks Official 4 Official 4 MSc, MCIPS

Gwasanaethau Caffael Corfforaethol / Corporate Procurement Services Gwerth Cymru / Value Wales Llywodraeth Cymru / Welsh Government -----Original Message----- From: auto-alert@bravosolution.co.uk Sent: 07 November 2018 16:30 To: Official 4 (ESNR - Corporate Procurement Services) Subject: Fw: Visuals clarification Message related to the ITT pqq_32536, with Title Communication and Marketing Framework - Qualification Questions All Lots, forwarded by Official 4 (WG CPS) (eTenderwales) Your answer to Q38 states that "For the avoidance of doubt 3 visuals can be submitted which is excluded from the response page limit of 3 pages, the visuals may be submitted individually using one page for each or on the same page(s)." For the various Lots we are applying for we have already written our 3 single page A4 case studies and with each have included a page with several visuals on it to support each case study. The nature of these type of contracts in the case of the Lots we are interested in, are justifiably evidenced and supported by the inclusion of several visuals and/or illustrations, plans and photographs of the completed work. Only providing one visual per case study (whether these either all be on one page or one large visual per page) does not really support, strengthen nor showcase the case study. Would you still disqualify submissions that had several visuals and/or photos for each of the 3 case studies even though they complied with the 3 + 3 criteria? Please let me know as otherwise I have to re-do all our work which currently best demonstrate the case studies we wish to submit for each Lot. Q 6. Details of how many bidders submitted bids (whether or not complaint) for each of the Lots under the Framework, broken down by Lot number.

Lot Number PQQ bids received

1 35

2 19

3 28

4 14

5 10

6 5

7 1

8 5

9 7

Q7. Details of how many PQQ bids were deemed to be non-complaint, for each of the Lots under the Framework, broken down by Lot number.

Lot Number Non-compliant PQQ bids received

1 5

2 3

3 7

4 2

5 0

6 0

7 1

8 0

9 1

Q8. Of those PQQ bids that were deemed to be non-compliant, how many were due to failure to submit the were excluded for failing to submit the "All Lot Questions Envelope" for each of the Lots under the Framework, broken down by Lot number;

Lot Number Non-compliant PQQ bids received

1 4

2 3

3 7

4 2

5 0

6 0

7 1

8 0

9 1

Q9. Any information relating to the decision to abandon Lot 7 of the Framework and to advertise the requirements under a framework for “Storage and Shipping of Publicity Materials” reference, C369/2018/2019?

Email from Procurement Strategic Lead to Contract Manager informing her of the decision to advertise the requirements of Lot 7. From: Official 3 (ESNR - Corporate Procurement Services) Sent: 22 November 2018 16:51 To: Official 4 (OFM - Communications) Cc: Official 6 (OFM - Communications) Official 4 (ESNR - Corporate Procurement

Services) Official 7 (ESNR - Corporate Procurement Services) Subject: Non Compliant Bids

Hi Official 4 As discussed, those bidders that did not complete with the ‘ALL LOT’ Questionnaire or the ‘SPECIFIC LOT’ Questionnaire are non-compliant bids and will therefore be excluded from the tender process, as stipulated within the ITT. Official 4 will sensor check the spreadsheet that I have collated and conduct a second review of the e tender wales system to ensure it is all correct. Official 4 will confirm with you tomorrow who the non-compliant bidders are, you will then be able to inform the evaluators that there is no need for them to evaluate those tenders. In terms of lot 7 as there were no compliant bids on this lot we will be extracting this lot from the framework and we will go back out to tender, but this time utilising the open procedure. There is no reason to use the restricted procedure for this tender as the supply market is small.

Official 4 if you have any issues please ring me tomorrow. Thanks Official 3 Official 3 MCIPS, Chartered Procurement and Supply Professional