PROVISION OF FACE MASKS SERVICES FOR UEFA CLUB COMPETITIONS FINALS 2020-2021 AND UEFA EURO 2020 Invitation to Tender Invitation To Tender Contents 1. GLOSSARY .................................................................................................................................................................................. 3 2. INTRODUCTION ....................................................................................................................................................................... 8 3. SCHEDULE .................................................................................................................................................................................. 8 4. SCOPE OF SERVICES ............................................................................................................................................................... 9 5. KEY REQUIREMENTS .............................................................................................................................................................. 9 6. APPLICANT INFORMATION REQUIRED ........................................................................................................................ 12 7. COST INFORMATION REQUIRED .................................................................................................................................... 12 8. SUBMISSION OF PROPOSALS .......................................................................................................................................... 13 9. DEAL PRINCIPLES .................................................................................................................................................................. 14 10. LEGAL PROVISIONS .............................................................................................................................................................. 24 APPENDIX 1 - STATEMENT OF UNDERTAKING .................................................................................................................. 28 APPENDIX 2 –UEFA HEALTH & SAFETY GUIDE AND UEFA SUPPLIER CODE ........................................................... 30 APPENDIX 3 – FACE MASKS TECHNICAL SPECIFICATIONS ............................................................................................ 31 APPENDIX 4 – LOCATION OF EVENTS AND RELEVENT SITES ....................................................................................... 32 APPENDIX 5 – DELIVERY TIMELINES PER SITE AND ESTIMATED QUANTITIES PER EVENT AND RELEVANT SITE ............................................................................................................................................................................................. 33 APPENDIX 6 – PRICE PROPOSAL FORM ................................................................................................................................ 36 Information in this document is strictly confidential and intended only for the entity receiving it directly from UEFA. The content of this document or any method, procedure or technique described therein shall not be disclosed to any third party. 2 Invitation To Tender 1. GLOSSARY In this ITT, the following words and expressions shall have the following meanings unless the context requires otherwise: Agreement means the long form agreement which shall be entered into between UEFA and the Successful Applicant to confirm and formalise the appointment of the Successful Applicant for the provision of Services, which shall be based upon the Deal Principles and a copy of which will be provided by UEFA upon provisional selection. Applicable Law(s) means all applicable laws, regulations, rules, codes of practice, guidelines, directions and decrees imposed by law or any competent authority in any relevant jurisdiction in the world. Applicant means any legal entity that submits a Proposal in response to this ITT. Business Day means any day which is not a Saturday, Sunday or a recognised public holiday in Nyon, Switzerland. Club Competitions Finals means the club football final matches of the season 2020-2021, in respect of which the Successful Applicant shall provide the Services, being the UEFA Champions League Final 2021 that is planned to take place in Istanbul, the UEFA Europa League Final 2021 that is planned to take place in Gdansk and the UEFA Women’s Champions League Final 2021 that is planned to take place in Gothenburg or the location of which shall be communicated by UEFA from time to time. Commercial Partners means any persons appointed from time to time by UEFA whether as sponsors, broadcasters, suppliers, licensees or otherwise officially associated with the Competitions, through any designation granted by UEFA or any other persons granted commercial rights in respect of the Competitions, by UEFA. Confidential Information means any information, data or material of a confidential or proprietary nature, relating to the business and affairs of UEFA, the Competitions, the Events or any other UEFA’s events or activities, or to the identity, business and affairs of the Commercial Partners, suppliers, agents or subcontractors which comes into the possession or 3 Invitation To Tender knowledge of the Applicant as a consequence of, or in connection with the Tender (whether before or after the date of this ITT) and which UEFA regards, or could reasonably be expected to regard, as confidential, whether or not such information is reduced to a tangible form or marked in writing as “confidential”, and any and all information which has been or may be derived or obtained from any such information. Deal Principle(s) means the fundamental and non-negotiable provisions listed in Section 9 of this ITT which are anticipated to be included in the Agreement entered into between UEFA and the Successful Applicant, and which the Applicant, by submission of its Proposal and the Statement of Undertaking, confirms that it is capable of complying with. Delivery and Logistics means the document summarizing all the necessary Guidelines information and requirements for the stakeholders organising or undertaking a delivery or pick-up at a Site during a specific period of time. The document includes delivery process, instructions on how to use the UEFA Venue Delivery System, Site constraints and customs process management if relevant. Equipment means all equipment, structures, constructions, installations, plant, machinery, hardware and materials used by the Successful Applicant and/or its Personnel, directly or indirectly and/or any person and third party engaged by the Successful Applicant, in the course of providing the Services. Events means the Club Competitions Finals and UEFA EURO 2020, for which the Successful Applicant shall provide the Services. Face Masks means the Face Masks (including, but not limited to, surgical masks and respirators) and all related equipment to be provided by the Successful Applicant in accordance with the specifications (see Section 4 and Appendix 3) and terms of this ITT and the Agreement. Force Majeure means any event beyond the reasonable control of the affected party including, but not limited to (to the extent it is beyond the affected party’s reasonable control) acts 4 Invitation To Tender of God, acts of civil or military authority, national emergencies, pandemics, epidemics, fires, floods, catastrophes, wars, insurrections and riots but excluding any failure of the Equipment and any strikes or industrial disputes. International Broadcast means the technical production facility at which all Centre (IBC) television and radio coverage is created by all stations with a licence to broadcast UEFA EURO 2020 and which shall for UEFA EURO 2020™ will be located at Expo Haarlemmermeer (Stelling 1), 2141 SB – Vijfhuizen, Netherlands or the location of which shall be communicated by UEFA from time to time. Intellectual Property means rights in patents (including utility models), designs, copyright, moral rights, database rights, domain names, trade marks, trade names, rights to sue for passing off, goodwill, rights to use, and protect the confidentiality of, Confidential Information and other know-how and trade secrets and all other intellectual property (in each case whether registered or unregistered and including applications to register any of the foregoing) and all rights in the nature of any of the foregoing anywhere in the world. ITT means this Invitation to Tender document and all of its appendices. Materials means the Face Masks and any and all printed, audio, visual and/or audio-visual materials (including reports and survey findings), artwork and/or data files including the same, that the Successful Applicant or its Personnel create, develop and/or use in the course of the provision of the Services exclusively for UEFA, except for any software or modifications thereto of the Successful Applicant’s own software, and/or any materials which embody UEFA Rights. Nyon HUB means the UEFA facility at which the command center for UEFA EURO 2020™ will be situated and which is located at Route de Geneve 46, Nyon, 1260 Vaud, Switzerland or the location of which shall be communicated by UEFA from time to time. Personnel all officers, employees, representatives, volunteers, advisers and/or agents of the Successful Applicant and the officers, employees, representatives, volunteers, 5 Invitation To Tender advisers and/or agents of subcontractors of the Successful Applicant and any other individuals engaged by the Successful