ANNEX A TO DFG/6004
PART A - GENERAL STATEMENT OF REQUIREMENTS FOR GOSPORT SITE(S)
SCOPE OF WORK 1. The Contractor is to provide all labour, management, supervision, tools equipment and vehicles to meet the security requirements specified in Parts B & C of this Annex.
2. Provide a trained guard force qualified and capable of executing the following tasks:
a. Command and Control. Provide a Chain of Command within the contract guard force including qualified managers and supervisors as appropriate.
b. Site and/or Building Control of Entry. Guards and supervisors for control of entry duties including arrest/detention/searching of individuals. Identification and issue of passes, dealing with visitors and deliveries. Traffic control and parking duties. Searching of vehicles, personnel and baggage. Responsibility for keys.
c. Site Patrols. During and outside working hours with a suitable communications system to call out backup. The patrol routine is as directed by the GSSOR.
d. Emergency Procedures. Reaction in the event of an actual attack, intrusion or attempted intrusion, discovery of a suspected Improvised Explosive Device (IED), bomb threat (direct or by telephone), fire, mains service failure or a change in the response level.
e. General Responsibilities. CCTV and alarm monitoring, reporting of incidents, compliance with establishment orders, including security orders. Maintaining normal records such as an incident book, roster register, lost/found property book, local orders and instructions and others as required.
f. Emergency Defects. Co-ordinate the response to emergency defects when they occur by informing the Establishment Works Liaison Officer (during working day) or Duty Officer (during silent hours), and if required arrange for the relevant contract engineers to be called out.
g. Building Checks and Internal Patrols. To include security sweeps and periodic security checks at a frequency directed by the Statement of Guarding and Security Requirements (SGSR) at Annex A.
h. Breaks. Provide sufficient numbers to allow adequate meal and relief breaks.
i. Additional Personnel. To be provided at higher response levels and for special occasions if required. Wherever possible a minimum of 48 hours notice will be given of this requirement.
j. Communications. A system for inter-communication within the guard force. Responsibilities toward telephone manning and checks on and off site where appropriate.
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3. Definitions: a. Head of Establishment (HOE) The most senior officer at the Establishment who has overall responsibility for security of that site.
b. Establishment Security Officer (ESyO) The officer with delegated overall responsibility for the security of each site.
c. Designated Officer (DO) A nominated Officer who will oversee all matters regarding the Security Guarding Contract at each site.
d. Senior Security Officer (SSO) A nominated member of the commercial guard force, on site during normal working hours Monday to Friday, responsible to the ESyO for the day to day running of the contract.
e. Shift Supervisor A nominated member of the on site commercial guard force shift, responsible for the assignment and supervision of tasks.
f. Contract Guard Force (CGF) Personnel supplied by the Contractor to meet the requirements of the contract.
PERSONNEL 4. Vetting. All contract guards employed by the MOD are to be checked to the Baseline Personnel Security Standard (BPSS) and Counter Terrorist Check (CTC) clearance.
a. The Contractor is responsible for conducting the BPSS. On award of the contract, the Contractor is to forward a completed Baseline Standard check Verification Record (BSVR) and MOD Form 1109 for each intended employee to the respective Head of Establishment in accordance with DEFCON 76 under the terms of contract. In forwarding the BCVR and MOD Form 1109, the Contractor is to confirm in writing (using the proforma at Appendix 1) that they have themselves carried out a background check on the prospective guard covering the previous 3 years, or a lesser period for recent school leavers, consulting former employers as necessary, and have no reason to doubt the reliability of the guard or supervisor. The CTC and SC are formal security clearances applied for by the HOE and obtained through the Defence Vetting Agency.
b. The Contractor is to ensure that there is a mechanism whereby the CGF management informs the DO of Changes of Circumstances or the requirement for Aftercare Incident Reporting that may affect the vetting status of relevant staff.
c. The Contractor is required to give not less than 3 months notice to the DO should the Contractor wish to assign Guards or Supervisors who are, or have been, employed on duties concerned with a foreign embassy or a company abroad.
5. Licensing. All commercial guards and on-site supervisors must be licensed in accordance with extant SIA regulations.
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6. Training Standards. All contract guards and on-site supervisors, including those who form the mandated reserve pool and normally work elsewhere, are to be licensed in accordance with SIA regulations and have achieved the training standards laid down at Appendix 4 before the start of the contract.
7. Medical. The Contractor is required to confirm in writing that each guard and supervisor to be employed at the site is medically fit for employment. If it is subsequently found that an employee is not fit for employment, the Contractor will be required to withdraw the guard/supervisor and replace with an approved substitute. The cost of any medical examinations will be borne by the Contractor.
8. Access. Only guards and supervisors approved by the DO may be used, and therefore allowed access to the Establishments. The DO has the right to withhold approval or withdraw approval of any guard or supervisor at his discretion at any time without giving reasons. Where the DO withholds or withdraws approval, the Contractor must immediately provide an approved replacement.
MANNING LEVELS 9. The Contractor must ensure that all guards are licensed in accordance with current and future legislation. The DO has the right to inspect individual licences, failure by individual guard force members to produce said licences will automatically result in removal from the unit. The Contractor being responsible for the immediate replacement which complies with the legislation.
10. The Contractor should maintain sufficient resources to ensure the performance required in the contract is achieved. In nominating those staff that he would wish to assign to the task, the Contractor must provide a Guard Force of sufficient strength to be self- contained and able to cover normal time off, meal breaks, leave, training and sickness.
11. The mandated minimum ratio is 4 guards to each 24-hour guard post to cover exceptional circumstances, such as long-term sickness or non-arrival of staff for duty, and to ensure that only a maximum of 56 hours a week is worked (see paragraph 15 below).
12. The Contractor is required to nominate reserves, security cleared, approved by the DO. Reserves may be employed elsewhere within the company, but their use on the DOs task, although exceptional, must have priority if and when the need arises. These nominated reserves should be on 2 hours notice to be on site for duty. Sufficient numbers of reserves must be maintained to meet additional requirements which may arise; a ratio of one for every 6 persons employed for guarding tasks is the minimum.
13. The Contractor is required to take all reasonable steps to avoid changes in staff assigned to, and approved for, the guard force. Where the Contractor proposes such a change, the DO should be given not less than one month's notice. If circumstances wholly beyond the Contractor's control prevent the giving of such a period of notice, the Contractor is required to give the maximum period of notice possible.
HOURS OF WORK 14. A daily record of hours and shifts worked by each individual is to be kept on site by the Contractor for the regular inspection by the DO.
3 15. Normal hours of work should be 48 hours per week; as an exception, an extra shift or number of hours may be worked up to a maximum of 56 hours in a period of 7 days. A Guard or Supervisor, having worked 56 hours in 7 consecutive days, must be given 48 hours consecutive time off by the Contractor unless there is an emergency whilst he is waiting for a replacement. Over an agreed reference period, normally 17 weeks but in certain circumstances (as set out in the EU WTD) up to 52 weeks, the contractor is to ensure that his employees do not exceed an average of 48 hours of weekly working time.
16. Whenever a Guard or Supervisor leaves his post (e.g. for a rest, meal or tea break) the Contractor is required to provide for his duties to be assumed by a replacement guard or supervisor.
CLOTHING REQUIREMENT 17. The Contractor is to ensure that each guard or supervisor accepted by the DO for employment is dressed in a clean, presentable and military style uniform (including head wear) and that he has stout, clean footwear. The uniform is to be approved by the DO in accordance with Section 2 of the Uniforms Act 1984.
18. The Contractor is to provide 'foul weather' clothing for each Guard and Supervisor when on duty which, when worn, will not impede the execution of their tasks.
EQUIPMENT REQUIREMENT 19. The Contractor is to provide for each guard or supervisor a high intensity torch, whistle, personal attack alarm, safety helmets and safety equipment to undertake the contract.
20. The Contractor is to provide the necessary number of under vehicle mirrors (with light facilities) to meet the requirement to search vehicles at each site.
21. The Contractor is to provide guards and supervisors, whilst on duty, with a reliable man-portable personal radio, and it’s accompanying controlling base station, to a scale to be agreed between the Contractor and the DO.
22. The Contractor shall ensure that all equipment provided for the Guard Force is serviceable at all times, and that a stock of spare equipment, batteries, etc. is made readily available.
CODE OF CONDUCT 23. Contract guarding personnel are obliged to abide by the MOD's Code of Conduct for Guards at detailed at Appendix 2. This Code amplifies the basic code of conduct contained in BS 7499. Any member of the CGF who is in breach of the MOD's Code of Conduct may be refused access (by the DO) to the MOD property being guarded under the terms of the contract.
MANAGEMENT AND SUPERVISION BY THE CONTRACTOR 24. The Contractor is to provide a managerial capability to liaise with the DO, and act as the 'point of contact' to supervise and monitor the performance of the guards at each site. Each site must be visited at least once every 10 days and not always by day if 24-hour cover is being provided. In addition the Contractor is to provide a separate inspection capability from their local area office which will visit each site at random intervals at least once a day during working hours, and once out of normal working hours including at
4 weekends and public holidays. Inspection at more frequent intervals can be arranged under the terms of the contract if so required by the DO.
25. Contractor's guards are to be supervised in the first instance by management staff specially chosen and named by the Contractor. Their selection and appointment is to be based on appropriate expertise, training and experience. There are both 'management' and 'security' considerations in deciding whether a supervisor should be employed on a guarding post or separately; the supervisor will normally be employed separately from a guarding task unless the alternative is acceptable to the Security Authority.
26. During silent hours duties, frequent communication between site and HMNB Portsmouth MDP Control Room as the point of contact with hourly calls being made. When such a call is not made, there will be a call made by the MDP and visit by a patrol where these are not responded to.
SUPERVISION BY THE DO 27. The guard force on duty is to be wholly responsible to the requirements of the DO in execution of their agreed tasks. Guards on duty will be visited at least once every 24 hours by the DO's staff or representative. This may be in conjunction with the Contractor's Inspectorate. A guard is to report daily at an agreed time to the DO, or representative, giving details of any incidents during the previous 24 hour period. A record of patrols conducted is to be available as required.
28. The guard force is to be tested in the execution of their agreed tasks not less than once a year by the DO. The Contractor's Inspectorate may attend such exercises as observers. The DO will render the Contractor a report on each occasion of a test within 30 days of that test on the effectiveness and performance of the guard force; the Contractor is to respond to that report within 30 days of receipt. No on-site training or exercises are to take place without the permission of the DO.
29. In an emergency the DO will have the right to order the Contractor's staff on duty to perform such reasonable tasks as may be necessary for the security of the site. Any such emergency task must be reported to the Contractor as soon as reasonably possible.
INDUSTRIAL ACTION 30. In the event of industrial action by any of the guards on the establishment premises, the DO will not interfere but will inform the Contractor and in the first instance ask him to provide alternative arrangements.
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Appendix 1
PROSPECTIVE EMPLOYEE - STATUS REPORT
To: (Designated Officer)
From: (Company) (include full postal address and telephone and fax numbers) Telephone: Fax: Date: Contract number:
Details of Prospective Employee
Surname Forenames (in full) Date and Place of Birth Age of guard Role (either Guard/Supervisor/Manager) National Insurance Number
It is confirmed that:
Full background enquiries have been completed to BSIA or equivalent standards covering the last ______years without adverse result.
There is no reason to doubt the identity of the subject.
He/she has successfully completed the MOD Unarmed Guard Initial Training Course under the auspices of the Security Industry Training Organisation Ltd.
Certificate Number Date of Issue
He/she is medically fit for employment as a guard/supervisor.
Before assuming employment the guard/supervisor will be provided with full uniform.
It is understood that the above-named cannot be employed on the above assignment until approval is given by the Designated Officer or his representative.
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BCVR & MOD Form 1109 are attached and details are correct to the best of my knowledge.
Signed for Name in Contractor Blocks Date Position in Telephone Company No
Approval is granted for the above named to work under the terms of the above Contract:
Signed for the Head Name in of Establishment Blocks Date Appointment Telephone No
NOTE: 1 copy to be retained by the Designated Officer and 1 copy to be returned to the Contractor.
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Appendix 2
CODE OF CONDUCT FOR COMMERCIAL GUARDS EMPLOYED BY MOD
Introduction 1. The principal function of the Guard is to support the maintenance of security at MOD units and establishments where the Guarding Contract applies.
Personal Qualities 2. Commercial Guards employed on MOD Contracts are required to uphold the fundamental values and requirements inherent in the Rule of Law. In doing so, each individual will need to exhibit the following personal qualities:
a. Honesty. b. Integrity. c. Impartiality. d. Common sense.
Code of Conduct 3. Respect for the individual. Guards are expected to show respect for the dignity of the individual at all times, and every individual must be treated with courtesy and understanding irrespective of their social position, race, colour, gender, rank, marital status, age, sexual orientation or religious beliefs.
4. Professional Approach. Guards must strive to maintain the highest standards. The manner in which guards approach their duties will influence the way others measure their efficiency and, ultimately the effectiveness of what they do.
5. Rule of Law. The Law (Statute and Common) reflects rules imposed upon the community that are binding.
6. Exercise of Powers. Guards must carefully weigh up all factors; be fair and firm but above all avoid intolerance, over-enthusiasm and being dictatorial. They must show caution when acting upon suspicion and comply with the law concerning citizen’s powers of arrest (The Police and Criminal Evidence Act 1984, Section 24 and Criminal Law Act 1967, Section 3).
7. Breaches of the code. Guards are to abide by the following code of conduct: committing, or condoning any one of the following will be regarded as a breach of this code of conduct:
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a. Neglecting or, without due and sufficient cause, failing to promptly and diligently carry out a required task within their job description whilst at work. b. Leaving a place of work during any period of duty without due permission or sufficient cause, or failing to work to the agreed shift pattern. c. Knowingly making or signing any false oral or written statement. d. Destroying, mutilating, altering or erasing any official document or record. e. Divulging to any other person, who does not need to know, any matter which is protectively marked or is the private business of the MOD or Contractors, past or present. f. Soliciting or receiving any bribe or other consideration from any person. g. Failing to account for documents, keys, a pass or passes, money, or property received in connection the discharge of the MOD’s business. h. Being uncivil to persons encountered in the course of their duty, or abusing their position of authority in connection with the discharge of the MOD’s business. i. Acting in a manner reasonably likely to bring discredit upon the MOD, or to fellow employees. j. Wearing the uniform provided by the Company incorrectly or using MOD equipment without authority. k. Carrying out or reporting for duty whilst under the influence of alcohol, controlled drugs, or solvents, or to consume any of these while on duty. Guards are to advise their supervisor if their performance may be affected by drugs prescribed by a medical practitioner. l. Failing to report forthwith to the Designated Officer through the Commercial Guarding Management any conviction for a criminal or motoring offence (other than a minor motoring offence which does not impact on the effective discharge of official duties). m. Allowing any access to MOD premises by any unauthorised person or persons. n. Whilst on duty carrying any unauthorised equipment not issued to him/her as part of their duties (e.g. handcuffs and truncheons). o. Failing to report for duty at the correct time and place, unless due notice and reasons have been given to their supervisor.
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p. Sleeping whilst on duty.
q. Smoking or carrying any smoking materials including matches and cigarette lighters, in any prohibited place where such activities and materials are banned.
8. Any breach of this Code of Conduct may render the individual to be unacceptable for employment on MOD property; in such a case the Contractor will be notified by the Designated Officer accordingly and will replace the offending individual forthwith.
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Appendix 3 DAILY BRIEFING FOR GUARD FORCE
1. Every member of the guard force is to be briefed by his supervisor, who will, in turn, has received a briefing from the establishment DO or his representative, before the tour of duty starts.
2. The briefing should include at least the following, but it should be noted that this list should not be regarded as exhaustive:
a. Changes to the threat.
b. Response level.
c. Changes to the normal routine.
d. Planned events.
e. Details of known visitors, special events etc.
f. Any specific areas of responsibility:
g. Passes (personnel/vehicles).
h. Vehicle search requirement.
i. Enforcement of parking restrictions.
j. Contractor’s employees/vehicles.
k. Security of buildings.
l. Details of armed patrols.
m. Communications.
n. Administration.
.
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Appendix 4
TRAINING REQUIREMENTS
NVQ/SVQ 1. The Contractor must have a training programme in place which will ensure suitable initial and continuation training to meet the Statement of Requirement. In addition, within 9 months of the start of the MoD contract, at least 30% of its guards allocated to the contract will possess:
A National Vocational Qualification (NVQ) Level 2 in Security Guarding. or Scottish Vocational Qualification (SVQ) in Security, Safety & Loss Prevention to Level 2.
2. The Contractor must also ensure that it can maintain that level of NVQ/SVQ involvement for the duration of the contract.
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ANNEX A TO DFG/6004
PART B - SITE SPECIFIC STATEMENT OF REQUIREMENT FOR OIL FUEL DEPOT GOSPORT
SITE DESCRIPTION 1. The Oil Fuel Depot Gosport is located on the southern shoreline of Forton Creek and is bounded by the rear gardens of residential properties in Parham Road to the west and the main Forton road (A32) to the south. The old St George’s Barracks forms the eastern boundary of the depot on the opposite side of the internal moats.
2. The Oil Fuel Depot’s primary role is the supply of bulk Dieso and Avcat to the Royal Navy, RFA and other authorised customers of the MoD. The Oil Fuel Depot has an additional role in the receipt, storage and treatment of fuel, oil/water mixture collected from vessels in Portsmouth Naval Base. The Depot also manages the Mooring Task for Director Logistics Portsmouth – the role being to receive, store and issue mooring equipment to the Royal Navy.
3. The depot covers an area of 35 acres, and was originally constructed in 1914. It contains 17 vertical fixed roof type tanks approximately 27.5 metres in diameter and 11 metres high to top shell kerb level each with a capacity of 6,600 cubic metres storing marine diesel, aviation fuel (Avcat) and ships’ dirty ballast water. The depot incorporates two moats, one of which is fresh water and the other salt, the latter is opened by culvert to Forton Creek. There are three main pump houses and three road tanker loading points. Oil Fuel is delivered to and issued from the Depot through pipelines connected to the Oil Fuel Jetty at Royal Clarence Yard which is situated approximately 800 metres away. There are 42 buildings in total on site that are utilised as offices, pump rooms, stores and workshops.
4. The depot employs 16 staff who require access and egress at peak times and during the working day for operational commitments. There are daily movements during working hours of road tanker wagons, haulier transport and RN vehicles.
GUARDING REQUIREMENT 5. Security of the depot is to be maintained 24 hours per day, 365 days per year. The site has one main access and egress point situated at Forton Road and one emergency gate situated at Weevil Lane. The main gate is open from 0700 – 1700 hours Monday – Thursday inclusive, and 0700 – 1300 on Fridays.
6. The Oil Fuel Depot perimeter is made of various constructions. The Forton Road boundary consists of a 1.5 metre brick wall rising to 2.5 metres topped with razor taped concertina (RTC). The Parham Road perimeter consists of 3 metre brick wall topped with RTC. The remainder of the site perimeter of constructed to BS 1722 Part 10 1992 and topped with RTC. Access is controlled by an entry/exit pass system for both authorised and unauthorised vehicles and visitors.
7. Normal working hours are 0730 – 1630 Monday to Thursday inclusive, and 0730 – 1230 on Fridays. On occasions the Depot will work outside of these hours and will operate a 24 hour shift working pattern.
8. Peak activity at the main gate occurs at 0715 – 0800 and 1600 – 1630 Monday – Thursday inclusive and 0715 – 0800 and 1230 – 1300 on Fridays. Activity at the main gate is greatly reduced during night hours and at weekends.
9. It is a condition of entry/exit that the Guard Force have the authority to search personal baggage and private vehicles of all types including Government transport. In addition, if the Guard Force has reason to suspect that an individual is in unauthorised possession of Government property then the individual can be detained until the civilian police arrive. Entry searches can be made during Higher Alert States and Special Occasions.
10. All official visitors and contractors who are authorised to enter the site are notified to the Guard Force prior to their arrival.
11. All permanent civilian personnel employed on the site have personal and vehicle passes which allow entry onto the site. All other personnel requiring access to the site will need to be issued with a temporary personal and car pass if necessary, from the main gate before entry to the site is permitted. Temporary personnel and vehicle passes will be issued by the Guard Force.
12. The Guard Force is required to manage access to the Key Press, releasing keys to authorised staff only and maintaining a Key Register.
13. The Guard Force is required to monitor the alarms and call out staff in accordance with the assignment instructions provided by the Contract Designated Officer (DO).
14. The Guard Force is required to monitor the CCTV system and carry out a daily check of the hard disk drive to confirm functionality and quality of recording reporting any defects to the DO.
15. The Guard Force are required to conduct a minimum of 4 extensive regular and irregular foot patrols during silent hours, as directed by the DO, to ensure the physical security of the site and perimeter. The Guard Force will be required to make check calls to a nominated MoD police contact at intervals specified by the DO.
16. Civilian and MoD police will provide backup if an incident warrants it.
SUMMARY OF THE GUARDING REQUIREMENT 17. The Guard Force are required to provide sufficient manpower to:
a. Provide control of access and egress including continuous manning of the main gate between the hours of 0700 – 1700 Monday to Thursday inclusive and from 0700 – 1300 hours on Fridays.
b. Manage Key Press.
c. Monitor the CCTV System.
d. Conduct foot patrols.
e. Monitor fire alarms and take appropriate action as necessary. f. Operate jetty fire pumps and ballast pumps should an incident occur at either the depot or the jetty. g. Participate in all security, fire, health and safety and environmental exercises.
ANNEX A TO DFG/6004
PART C - SITE SPECIFIC STATEMENT OF REQUIREMENT FOR OIL FUEL JETTY GOSPORT
SITE DESCRIPTION 1. The Oil Fuel Jetty is located on the western shoreline of Potsmouth Harbour within an area known as Royal Clarence Yard. The site is bounded on the western perimeter by Weevil Lane, the south by a residential property and a marina and the north by the new Berkley Homes residential development. The Jetty enables the Oil Fuel Depot to receive into storage, and issue from stock, bulk Dieso and Avcat fuel for use by the Royal Navy, RFA and other authorised customers of the MoD. In addition, it enables oil/water mixture collected from vessels in Portsmouth Naval Base to be received by the Oil Fuel Depot for storage and treatment.
2. The Jetty was originally constructed in the Victorian era (the stone built ‘northern jetty’) but was extended in the 1950s (the ‘southern jetty’) to enable the berthing of larger, deeper draught, ships. Running along the length of the jetty are the pipelines which enable the transfer of the marine diesel, aviation fuel and ships’ dirty ballast water. The jetty also carries pipelines for fire fighting water.
3. The area of Royal Clarence Yard adjacent to Weevil Lane has been sold and now has a number of private companies operating; access to the jetty and the remaining part of Royal Clarence Yard still under MOD control is through this commercial area. The MOD area is secured by a chain link fence with vehicle and pedestrian access by way of a manned gate. A number of buildings remain on the site however the majority are empty but benefit from historical protection. Those buildings that are in use are occupied by service clubs i.e. Army Sailing Association, Sea Cadet Corps etc. for which access to the shorefront slipway is necessary. There is also a ‘breaching pit’ located in this area that, in the event of an emergency, enables the Fire Brigade to connect into either the mains water supply or pump salt water from the harbour to a dry riser.
4. Personnel from the Oil Fuel Depot will require access and egress to the Jetty during the working day for operational commitments and during silent hours for tanker evolutions. Vehicle movements are likely to be limited in number but will be in direct support to jetty activities.
GUARDING REQUIREMENT 5. Security of the jetty is to be maintained 24 hours per day, 365 days per year. The Jetty has the single access gate (as noted in paragraph 4 above) that is manually controlled at all times with access permitted by an entry/exit pass system for both authorised and unauthorised vehicles and visitors. The main activity will coincide with the Oil Fuel Depot opening times i.e. 0730 – 1630 Monday to Thursday inclusive, and 0730 – 1230 on Fridays. These times will be affected by the activity of service clubs, which will be subject to weekend and seasonal increases, and by fuel transfers which involve 24 hour operations.
6. It is a condition of entry/exit that the Guard Force have the authority to search personal baggage and private vehicles of all types including Government transport. In addition, if the Guard Force has reason to suspect that an individual is in unauthorised
possession of Government property then the individual can be detained until the civilian police arrive. Entry searches can be made during Higher Alert States and Special Occasions.
7. All official visitors and contractors who are authorised to enter the site are notified to the Guard Force prior to their arrival.
8. All permanent civilian personnel employed at the Oil Fuel Depot and Oil Fuel Jetty have personal and vehicle passes which allow entry into the depot as well as the Royal Clarence Yard site. All other personnel requiring access to the site will need to be issued with a temporary personal and, if necessary, car pass issued by the Guard Force.
9. The Guard Force is required to manage access to the Key Press, releasing keys to authorised staff only and maintaining a Key Register.
10. The Guard Force is required to monitor the alarms and call out staff in accordance with the assignment instructions provided by the Contract Designated Officer (DO).
11. The Guard Force are required to conduct a minimum of 4 extensive regular and irregular foot Patrols during Silent Hours, as directed by the DO, to ensure the physical security of the site and perimeter. The Guard Force will be required to make check calls to a nominated MoD police contact at intervals specified by the DO.
12. Civilian and MoD police will provide backup if an incident warrants it.
SUMMARY OF THE GUARDING REQUIREMENT 13. The Guard Force will be required to provide sufficient manpower to: a. Provide control of access and egress including continuous manning of the Royal Clarence Yard/Jetty gate between the hours of 0730 – 1630 Monday to Thursday inclusive, and 0730 – 1230 on Fridays. Fuel transfer operations and Service Clubs will require access outside of the standard hours. In addition, the summer months may see these hours extended and so the supply of an additional guard may be required during the months of May to September inclusive. b. Manage Key Press. c. Conduct a minimum of 4 foot patrols. d. Monitor fire alarms and take appropriate action as necessary. e. Participate in all security, fire, health and safety and environmental exercises.
Note: In the event that Royal Clarence Yard is alienated from the defence estate as having no further service use for the Defence Fuels Group during the tenure of this contract the Oil Fuel Jetty is likely to be secured (instead) by a chain link fence sited closer to the jetty head with access via pedestrian and vehicle gates controlled by coded locks and/or CCTV monitored from the Oil Fuel Depot security office on a day to day basis. However, there will still be a requirement for the Contractor to provide a Security Post, with 24 hour manning, for the duration that any vessel is alongside the jetty discharging or receiving a cargo or undergoing maintenance activity.
ANNEX A TO DFG/6004
STATEMENT OF GUARDING AND SECURITY REQUIREMENTS FOR GOSPORT SITES
TASKING PRIORITY1: 1....YELLOW 2....GREEN 3...BLUE
Performance Serial Task Output Requirement Related Information Measurement (a) (b) (c) (d) (e) ARMED SECURITY ARMED GUARDING 1 Not Required ARMED PATROLLING 2 Not Required ARMED RESPONSE 3 Notification Request response OIC to liaise with Hants/MoD Police and request that an armed response be 1 provided when required. Time frame of response is to be agreed in writing and notified to Guard force. GUARDING & UNARMED SECURITY ACCESS CONTROL 4 a. Access Control at Oil To be controlled 24 hours a day, 365 Guards to be fully conversant with MoD ID suite of cards. 1 Fuel depot (OFD) Main days a year. Only personnel and vehicles with a valid pass or delivery permit are to be Gate allowed entry. Personnel or vehicles without a valid pass are to be directed to the Security Office where ‘local’ passes will be issued to enable entry. Be prepared to supplement this post by one additional guard In periods of heightened threat. b. Access Control at Royal To be controlled 24 hours a day, 365 Only personnel and vehicles with a valid pass or delivery permit are to be 1 Clarence Yard (RCY) Gate days a year. allowed entry. All authorised personnel and their private vehicles are issued ‘local’ OFD/OFJ passes upon entry. Be prepared to supplement this post by one additional guard In periods of heightened threat or during period 01 Apr-31 Oct each year due to increase
1 Tasking Priority – See key below 1
Performance Serial Task Output Requirement Related Information Measurement (a) (b) (c) (d) (e) in Service Club recreational activities.
c. Searches Vehicle checks to be carried out. Guards to be fully apprised of MoD search policy. Vehicle searches are to 2 be routinely undertaken on not less than 10% of vehicles entering and exiting daily; at weekends and during heightened threat levels, this is to be 100% of vehicles. 5 Key Control The Guard manage access to the Keys are to be issued to authorised staff only. 1 Key Presses at the OFD and RCY. A record is to be maintained of all transactions in a suitable key register. Keys are to be mustered at cease work and any discrepancies reported to the DO. The DO is to determine when discrepancies are to be reported e.g. immediately or at the start of the next working day. PATROLS 6 a. Physical @ OFD A patrol routine of 3 ad-hoc and 1 This is to be carried out in Silent Hours and at the weekends. The first 1 perimeter check. patrol is to include an external security of the buildings. All patrol activity is to be recorded in the ‘Occurrence Book’ and any suspected/known intrusions or signs of suspicious activity are made known to the control room. b. Electronic @ OFD OIC to determine monitoring routine. CCTV limited to monitoring of RCY and OFJ. 2 c. Physical @ OFJ A patrol routine of 4 patrols of the This is to be carried out in Silent Hours and at the weekends. All patrol 1 entire Jetty. activity is to be recorded in the ‘Occurrence Book’ and any suspected/known intrusions or signs of suspicious activity are made known to the control room. d. Electronic @ OFJ OIC to determine monitoring routine. CCTV capability covers both RCY and OFJ. 2 COMMUNICATIONS & MONITORING 7 a. MoD & PSTN Guards to have access to MoD & Guards to be competent in: 1 Telephone Network. PSTN Network. MoD PSTN dialling codes and procedures. Dealing with suspect calls and subsequent recording of and passage of information; OIC is responsible for ensuring that Guards are aware of the Focal Point System and actions required if it is implemented. Reporting of security, fire, Health and Safety and environmental incidents. Routine Communications Checks. These are to be made to HMNB Portsmouth MDP control room as the point of contact with hourly calls being made, and an MDP response by phone where non-compliant, and visit by patrol where these are not responded to.
2
Performance Serial Task Output Requirement Related Information Measurement (a) (b) (c) (d) (e) b. Mobile Communications Guards to have the ability to Radios/Mobile phones are to be Intrinsically Safe, ATEX approved, only. 1 communicate whilst on patrol. Guards to be aware of areas where mobile communications cannot be used. c. CCTV Monitoring OIC to determine monitoring routine. Limited CCTV capability – see 6a and 6d. 2 d. Check CCTV Recording Hard disk drive to be checked daily to Record defects to the CCTV system in the occurrence book and inform the 2 confirm functionality & acceptable DO at the start of the nest working day or sooner dependent on criticality of output. relevant cameras. During Silent Hours or weekends, any problems are to be reported to the On-Call Duty Officer 8 Alarms Response OIC to determine response to Alarms relate to Fire, Health & Safety and environmental. 1 alarms. RESPONSE 9 Incidents Response OIC to determine response to Guards are to be thoroughly conversant with incident response & 1 incidents. management plans. 10 Exercises Participation Guards to fully participate in all Guards are to be thoroughly conversant with incident response & 1 security, Fire, Health & Safety and management plans. environmental exercises. GENERAL SECURITY DUTIES 11 a. Qualifications Guards to be BPSS vetted, trained to Contracting company to provide evidence. 1 a recognised standard and have an SIA license. b. Appearance Guards are to be properly dressed Ad-hoc inspections undertaken by OIC. 1 and equipped at all times. OTHER DUTIES 12 Site Permissions To be aware of site permissions Any incident involving an infringement of permission to work, fire or Health 1 regarding work, Fire, Health & Safety & Safety and environmental is to be reported to the OIC or representative and environmental requirements. without delay. MANAGEMENT OF GUARDS 13 a. Supervision Guards are to be visited by Visits to be undertaken during Silent Hours and Weekends and recorded in Supervisor at intervals not greater the ‘Occurrence Book’ and checked by OIC. 2 than daily. Supervisor to check log to confirm that patrols are being conducted at requisite intervals. b. Performance Monitoring Guarding contract manager to liaise On a monthly basis. 1
3
Performance Serial Task Output Requirement Related Information Measurement (a) (b) (c) (d) (e) and Assessment with OIC to assess performance. POLICING DUTIES 14 Not required.
Tasking Priority Key: 1 Essential tasks 2 May be reduced by agreement 3 May be dropped temporarily by agreement
4
ANNEX B TO DFG/6004
PRICING SCHEDULE FOR THE PROVISION OF ROUTINE GUARDING SERVICES
ITEM LOCATION FIRM PRICE (EXCL VAT) FOR THE PERIOD 01/03/11 TO 31/12/13
1a OIL FUEL DEPOT (OFD) GOSPORT £[Redacted: Commercial interests] per Annum (£[Redacted: Commercial interests] per Month)
1b OIL FUEL JETTY (OFJ) GOSPORT £[Redacted: Commercial interests] per Annum (assuming full-time security post cover required at contract outset) (£[Redacted: Commercial interests] per Month)
1 - 2 ANNEX B TO DFG/6004
PRICING SCHEDULE FOR THE PROVISION OF ADDITIONAL GUARDING PERSONNEL FOR HIGHER ALERT STATES/SPECIAL OCCASIONS (AND IF/WHEN APPROPRIATE VESSELS ALONGSIDE AT THE OIL FUEL JETTY)
ITEM LOCATION FIRM PRICE ((RATE PER MAN/HOUR EXCL VAT) FOR THE PERIOD 01/03/11 TO 31/12/13
1a OIL FUEL DEPOT (OFD) GOSPORT £[Redacted: Commercial interests] per hour
1b OIL FUEL JETTY (OFJ) GOSPORT £[Redacted: Commercial interests] per hour
2 - 2
ANNEX C TO DFG/6004
Ministry of Defence
RELEVANT FORM DETAILS FOR DEFCON 522 PAYMENT CONDITION
This form must be completed and attached to each contract containing DEFCON 522.
Contract Number: DFG/6004
Line Item plus further Relevant Form Representative of the Authority description if necessary Item Nos 1a & 1b AG Form 173 OiC OFD Gosport or his Authorised Representative
With regard to paragraph 3 of DEFCON 522, the Contractor shall submit all claims for payment to the Bill Paying Branch using a properly completed DAB Form 10.
ANNEX D to DFG/6004
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THE ELECTRONIC TRANSACTIONS AGREEMENT Between CHUBB SECURITY PERSONNEL LTD and SECRETARY OF STATE FOR DEFENCE Ministry of Defence Electronic Transactions Agreement
THIS AGREEMENT comprises The General Clauses for electronic transactions.
The terms of this Agreement shall govern the conduct and methods of operation between the parties in relation to the electronic exchange of data for the purposes of or associated with the supply of Articles and/or Services pursuant to those contracts which reference it. Except as otherwise provided in the appended terms, the terms do not apply to the substance of the data transfer. This Agreement shall have the date of and be effective from the date of the last signature hereunder.
AGREED For and on behalf of For and on behalf of Secretary of State for [COMPANY] Defence Signature Signature Name Name Position Position Date Date
Whose registered office is at:
Agreement reference number
ANNEX D to DFG/6004
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Contents
Electronic Transactions
General Clauses
CLAUSE 1 Definitions
CLAUSE 2 Scope
CLAUSE 3 Security of Data
CLAUSE 4 Authenticity of Messages
CLAUSE 5 Integrity of Messages
Acknowledgement of Receipt of CLAUSE 6 Messages
CLAUSE 7 Storage of Data
CLAUSE 8 Intermediaries
CLAUSE 9 Term and Termination
CLAUSE 10 Interruption of Service
CLAUSE 11 Invalidity and Severability
CLAUSE 12 Notices
CLAUSE 13 Precedence
CLAUSE 14 Virus Control
CLAUSE 15 Limit of Liability
CLAUSE 16 Entire Agreement
Annex A Message Implementation Guidelines (MIGs) and Additional Requirements
and Information Applicable to this Agreement
1. Definitions
a. In this Agreement, in addition to the definitions in DEFCON 501:
i. "Acknowledgement of Receipt" means the procedure by which, on receipt of a Message, the logical presentation or form are checked, and a corresponding acknowledgement or rejection is sent by the receiver; ANNEX D to DFG/6004
DEFFORM 30 ii. "Adopted Protocol" means the method(s) for the Interchange of Messages between the respective Parties and an intermediary appointed pursuant to Clause 8 for the presentation and structuring of the transmission of Messages as defined in Annex A; iii. "Associated Data" means that data which accompanies a Message but may not be in the Adopted Protocol; such data may include header information, protective markings, designations, Electronic Signatures, date and time of transmission and of receipt; iv. "Data" means all Messages and Associated Data transmitted, received or stored in a digital form; v. "Data File" means a single record or collection of data records that are logically related to each other, and are handled as a unit; vi. "Data Log" means a complete record of all Data Interchanged representing the Messages and their Associated Data between the parties; vii. "Defence Electronic Commerce Service" or “DECS” mean the service provided by the party under contract to the Authority to manage the electronic receipt, transmission and translation of messages exchanged between the Authority and its suppliers; viii. "Electronic Signature" means anything in electronic or digital form incorporated into or otherwise logically associated with an electronic communication for the purpose of establishing the authenticity of the communication or its integrity, or both; ix. "Expunge" means the removal of the information contained in a Message document such that the content of the Message is removed from the system in a manner which precludes its retrieval (but with no obligation in respect of the record of its receipt); x. “Functional Acknowledgement” means an acknowledgement Message by the receiving party’s computer software application which automatically confirms the receipt of a Message at the moment of receipt; xi. "Interchange" means the electronic exchange of Data between the Parties using the Adopted Protocol; xii. "Message" means Data structured in accordance with the Adopted Protocol and transmitted electronically between the parties including where the context admits any part of such Data.
ANNEX D to DFG/6004
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2. Scope
a. The Messages to be exchanged under this Agreement are detailed in the Message Implementation Guidelines referred to in Annex A, which also includes guidance on how these should be profiled.
b. This Agreement shall apply to all Messages passed between the parties using the Adopted Protocol. The parties agree that all such Messages shall be transmitted in accordance with the provisions of this Agreement.
c. The parties may agree additional or alternative terms to reflect additional or different requirements which they may have for the Interchange of Messages, which terms shall form part of this Agreement.
3. Security of Data a. Each of the parties shall: i. ensure as far as reasonably practicable, that Data is properly stored, is not accessible to unauthorised persons, is not altered, lost or destroyed and is capable of being retrieved only by properly authorised persons;
ii. subject to the provisions of Sub-Clause 8.a. ensure that, in addition to any security, proprietary and other information disclosure provision contained in the Contract, Messages and Associated Data are maintained in confidence, are not disclosed or transmitted to any unauthorised person and are not used for any purpose other than that communicated by the sending party or permitted by the Contract; and
iii. protect further transmission to the same degree as the originally transmitted Message and Associated Data when further transmissions of Messages and Associated Data are permitted by the Contract or expressly authorised by the sending party.
b. The sending party shall ensure that Messages are marked in accordance with the requirements of the Contract. If a further transmission is made pursuant to Sub-Clause 3. a. iii. the sender shall ensure that such markings are repeated in the further transmission.
c. The parties may apply special protection to Messages by encryption or by other agreed means, and may apply designations to the Messages for protective Interchange, handling and storage procedures. Unless the parties otherwise agree, the party receiving a Message so protected or designated shall use at least the same level of protection and protective procedures for any further transmission of the Message and its Associated Data for all responses to the Message and for all other communications by Interchange or otherwise to any other person relating to the Message. ANNEX D to DFG/6004
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d. If either party becomes aware of a security breach or breach of confidence in relation to any Message or in relation to its procedures or systems (including, without limitation, unauthorised access to their systems for generation, authentication, authorisation, processing, transmission, storage, protection and file management of Messages) then it shall immediately inform the other party of such breach. On being informed or becoming aware of a breach the party concerned shall: i. immediately investigate the cause, effect and extent of such breach;
ii. report the results of the investigation to the other party; and
iii. use all reasonable endeavours to rectify the cause of such breach.
e. Each party shall ensure that the contents of Messages that are sent or received are not inconsistent with the law, the application of which could restrict the content of a Message or limit its use, and shall take all necessary measures to inform without delay the other party if such an inconsistency arises.
4. Authenticity of Messages
a. Each Message shall identify the sending party and receiving party and its authenticity shall be verified by the means specified in the Adopted Protocol.
b. The parties agree not to contest the authenticity, admissibility or enforceability of Messages under the provisions of any applicable law relating to whether certain agreements be in writing and signed by the party to be bound thereby. Messages, when printed from electronic files and records established and maintained in the normal course of business will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form.
5. Integrity of Messages
a. The sending party shall ensure as far as is reasonably practicable that all Messages are complete, accurate and secure against being altered in the course of transmission and, subject to Sub-Clauses 5.b. 5.d. and 15, shall be liable for the direct consequences of any failure to perform his obligations under this Sub-Clause 5.a.
b. Each party will accord all Messages the same status as would be applicable to a document or to information sent other than by electronic means, unless a Message can be shown to have been corrupted as a result of technical failure on the part of a machine, system or transmission line involved in the process of Interchange.
c. Upon either party becoming aware that a Message has been corrupted or if any Message is identified as incorrect then that party shall inform the other and the sending party shall re-transmit the Message as soon as practicable with a clear indication that it is a corrected Message. Any liability of the sending party which would otherwise accrue from its failure to comply with the provisions of this Sub-Clause 5.c. shall not accrue if Sub-Clause 5.d. applies. ANNEX D to DFG/6004
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d. Notwithstanding Sub-Clauses 5.a. and 5.c. the sending party shall not be liable for the consequences of a corrupted or incorrect transmission or any failure to re-transmit if the error is or should in all the circumstances be reasonably obvious to the receiving party. In such event the receiving party shall immediately notify the sending party thereof.
e. If the receiving party has reason to believe that a Message is not intended for him he shall notify the sending party and if so requested by the sending party shall, so far as is reasonably possible, Expunge from his system the information contained in such Message.
6. Acknowledgement of Receipt of Messages
a. Except where the Interchange of Messages takes place solely within DECS, immediately upon receipt of a Message at its receipt computer, the receiving party’s receipt computer shall automatically transmit a Functional Acknowledgement in return and additionally the sender may request an Acknowledgement of Receipt.
b. An Acknowledgement of Receipt is required unless stipulated in the Contract to the contrary.
c. Where an Acknowledgement of Receipt is required, the receiver of the Message to be acknowledged shall ensure that the acknowledgement or a rejection is sent within the time limit specified in the Contract or in Annex A to this Agreement if applicable or, if no limit is specified, within a reasonable period of time.
d. Where an Acknowledgement of Receipt is required, if the sender does not receive the Acknowledgement of Receipt or rejection within the time limit applicable, or, if no time limit is specified, within a reasonable time, the sender may, upon giving notice to the receiver, treat the message as having no force or effect.
e. Acknowledgement in accordance with this clause shall not be deemed to constitute acceptance of any offer contained in any Message. Acceptance of an offer contained in any Message which is intended to create a legally binding obligation shall be in accordance with the provisions of the Contract.
f. A Message shall be understood to have been received from the sender:
i. if transmitted between 09.00 and 17.00 hours on a business day (recipient’s time) on receipt by the sender of a Functional Acknowledgement; or
ii. if transmitted at any other time, at 09.00 on the first business day (recipient’s time) on receipt by the sender of a Functional Acknowledgement; or
iii. if the Interchange of Messages takes place solely within DECS, at the moment a Message is completed by pressing the submit button if transmitted between 09.00 and 17.00 hours on a business day (recipient’s time) or if transmitted ANNEX D to DFG/6004
DEFFORM 30
at any other time, at 09.00 on the first business day (recipient’s time).
7. Storage of Data
a. Each party shall maintain a Data Log or shall cause an intermediary to maintain a Data Log recording all Messages and Associated Data as sent and received without modification.
b. The Data Logs may be maintained as Data Files on computer or by other suitable means provided that a copy of the Data can be readily retrieved and presented in human readable form. Procedures to enable a secure means of archiving Data Logs shall be detailed in the Contract or agreed between the parties.
c. Each party shall be responsible for making such arrangements as may be necessary for the Data contained in its Data Log to be prepared as a correct record of the Messages and Associated Data as sent or received by that party. In the event that a party has destroyed its Data Log, the other party shall have no obligation to furnish it with any information recorded in its Data Log.
d. Each party shall ensure that:
i. it has appointed an identifiable person responsible for the operation and management of that party’s data processing system concerned with the interchange of Messages; and
ii. the person responsible for the data processing system concerned with the Interchange of Messages, or such other person as may be agreed by the parties or required by law, shall certify that the Data Log and any reproduction made from it is correct and complete.
8. Intermediaries
a. Subject to Clause 15 if either party uses the services of an intermediary to transmit, log, store or process Messages, that party shall be responsible for any acts, failures or omissions by that intermediary in its provision of the said services as though they were his own acts, failures or omissions. The Authority shall be liable as between the Authority and the Contractor for any acts, failures or omissions of DECS in its provision of the services of an intermediary as though they were the acts, failures or omissions of the Authority.
b. Any party using an intermediary shall ensure that it is a contractual responsibility of the intermediary that no change in the substantive data content of the Messages to be transmitted is made and that such Messages are not disclosed to any unauthorised person.
9. Term and Termination
a. This Agreement shall take effect as of the date of last signature and shall remain in full force and effect until terminated by either party upon giving one month’s notice to the other. Any termination ANNEX D to DFG/6004
DEFFORM 30
of this Agreement shall not affect contracts that call it up by reference prior to that termination.
b. Notwithstanding termination for any reason, Clauses 3, 7 and 8 shall survive termination of this Agreement.
c. Termination of this Agreement shall not affect any action required to complete or implement Messages which are sent prior to such termination.
10. Interruption of Service
a. The parties acknowledge that service may be interrupted at times during the course of this Agreement. In such circumstances, the parties shall immediately consult each other on the use of alternative forms of communication to be used, including facsimile, telephone or paper. Any alternative forms of communication shall not be controlled by this Agreement.
b. Applicable only in the absence of a relevant clause in the Contract:
i. Subject to Sub-Clause 10. a., a party shall not be deemed to be in breach of this Agreement by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any interruption of service or incident of Force Majeure as described in Sub-Clause 10.b.iii. below, of which he has notified the other party without delay
ii The time for performance of that obligation shall then be extended accordingly. Sub-Clause 10. b. i. shall not operate so as to relieve liability for any matter which is a breach of Clause 3 of this Agreement
iii. For the purposes of this Agreement, Force Majeure means, in relation to either party, any circumstances beyond the reasonable control of that party.
11. Invalidity and Severability
In the event of a conflict between any provision of this Agreement and any law, regulation or decree affecting this Agreement, the provisions of this Agreement so affected shall be regarded as null and void or shall, where practicable, be curtailed and limited to the extent necessary to bring it within the requirements of such law, regulation or decree but otherwise it shall not render null and void other provisions of this Agreement.
12. Notices
The provisions of DEFCON 526 shall apply.
13. Precedence
In the event of any conflict between the terms of this Agreement and the Contract, then the terms of the Contract shall prevail in relation to the substance of the Messages in connection with the Contract.
ANNEX D to DFG/6004
DEFFORM 30
14. Virus Control Each party and its intermediary (if any) shall operate at all times a virus control check for all Interchange of Messages.
15. Limit of Liability
a. Each party agrees that, in relation to any claim, or series of connected claims, including claims for negligence but excluding claims resulting from wilful misconduct, arising from any delay or omission or error in the electronic transmission or receipt of any message pursuant to this Agreement, the liability of either party to the other shall be limited to £10,000, or, where the Contract provides otherwise, to such other amount as is specified in the Contract.
b. For the avoidance of doubt, liability in relation to any claim arising under the Contract shall be determined in accordance with the Contract.
c. In the event that a delay, omission or error as referred to in Clause 15a occurs, which causes a delay in the performance of an obligation by either party under the Contract, the period for the performance of that obligation by the affected party shall be extended by a period of time equal to the period of any such delay, omission or error.
16. Entire Agreement This Agreement, including Annex A and any documents expressly referred to in this Agreement, represents the entire agreement between the parties and supersedes all other agreements oral or written, and all other communications between the parties relating to the subject matter hereof provided that nothing in this Clause shall exclude any liability for fraudulent misrepresentation. ANNEX D to DFG/6004
DEFFORM 30
ANNEX A TO DEFFORM 30
Message Implementation Guidelines (MIGs)
The Message Implementation Guidelines, are available by telephoning the DECS Service Desk on 0870 241 3569, by post from the DECS Service Desk, Capgemini, 10 Henderson Rd, Inverness, Scotland IV1 1AU, or by fax on 01463 643099. The version of the MIG that is current at the time of signature of this Agreement, shall be the version specified below.
MIG Version 201
ANNEX E TO DFG/6004
TUPE AND PENSIONS SCHEDULE
Employment Matters
Definitions
1.1 In this Clause unless the context otherwise requires and without prejudice to the provisions of this Schedule, the following expressions shall have the following meanings:
“Business Day” means any day excluding:
(a) Saturdays and Sundays;
(b) any public and statutory holidays in the UK; and
(c) privilege days;]
“Contract Award Date” means the date of this Contract;
“Employee Liability Information” has the same meaning as in regulation 11(2) of the Transfer Regulations.
“Expiry Date” means the date of expiry of this Contract by whatever means;
“New Provider” means any replacement service provider nominated by the Authority to provide the Services or the Authority itself where the Services or substantially similar services continue to be provided by the Authority upon or after the termination or expiry of this Contract;
“Previous Contractor” means Legion FM;
“Previous Contractor Employee” means an employee who immediately prior to 0001 hours on the Relevant Transfer Date is an employee of the Previous Contractor and assigned to carry out the services which will be performed by the Contractor under this Contract;
“Previous Contractor Third Party Employee” means an employee of any third party employer contracted to provide services to the Previous Contractor the same as or similar to any of the Services who immediately before the Relevant Transfer to the Contractor or any Sub-Contractor is employed or engaged to carry out those services;
“Relevant Employee” means the Previous Contractor Employees, the Previous Contractor Third Party Employees and Previous Contractor Sub-contractor Employees;
“Relevant Statutory Scheme” has the same meaning as in regulation 8 of the Transfer Regulations;
“Relevant Transfer” means a transfer to the Contractor or Sub-Contractor of the Relevant Employees pursuant to this Contract and the Transfer Regulations;
“Relevant Transfer Date” means the date on which the Relevant Transfer is effected;
“Services” means the provision of Guarding Services at MoD Gosport site;
“Service Commencement Date” means the date of contract award;
“Sub-Contractor” means any person who enters into a Sub-Contract with the Contractor;
“Subsequent Transferring Employee” means an employee assigned, engaged or employed in the provision of the Services who is transferred under the Transfer Regulations to a New Provider on expiry or termination of this Contract;
“Subsequent Contract” means the contract for Services with the New Provider;
“Subsequent Contract Award” means the award of a contract for the Services to a New Provider;
“Subsequent Relevant Transfer” means a transfer of employees assigned, engaged or employed in the provision of the Services from the Contractor or any Sub-Contractor to a New Provider under the Transfer Regulations;
“Subsequent Transfer Date” means the date on which the transfer of a Subsequent Transferring Employee takes place under the Transfer Regulations;
“Third Party Employees” means the employees of any third party employer contracted to provide services to the Authority the same as or similar to any of the Services who immediately before any relevant transfer of those services (within the meaning of the Transfer Regulations) to the Contractor or any Sub-Contractor is employed or engaged to carry out those services;
“Transfer Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006;
Employees
1.2 Four (4) weeks prior to Service Commencement Date, the Authority shall provide the Contractor with the information listed in Parts 1 and 2 of this Schedule in
respect of Relevant Employees together with any Employee Liability Information in respect of such Relevant Employees to the extent that such information and Employee Liability Information has been provided to the Authority by the Previous Contractor.
1.3 The Authority shall provide the Contractor with any update to the information and Employee Liability Information provided under Clause 1.2 as soon as is reasonably practicable.
1.4 The Authority does not warrant the accuracy of the information provided under Clauses 1.2 and 1.3 above.
1.5 The Contractor and the Authority acknowledge that the provision of the Services under this Contract will constitute a Relevant Transfer.
1.6 The Contractor agrees that from the Relevant Transfer Date the contracts of employment of any Relevant Employees together with any collective agreements (save insofar as such contracts and such agreements relate to benefits for old age, invalidity or survivors under any occupational pension scheme) will take effect as if originally made between the Contractor and the Relevant Employees (or the relevant trade union, as the case may be) subject to any variations to such contracts of employment made pursuant to regulation 9 of the Transfer Regulations, where applicable.
1.7 Save for any liabilities in respect of Relevant Employees under a Relevant Statutory Scheme or Schemes, the Contractor or Sub-Contractor (as the case may be) shall have responsibility for all emoluments and outgoings (including without limitation all wages, bonuses, commissions, holiday entitlement accrued up to the Relevant Transfer Date, PAYE, national insurance contributions and contributions to retirement benefit schemes) in relation to the Relevant Employees with effect from and including the Relevant Transfer Date until the Expiry Date.
Post Transfer Reporting 1.8 The Contractor shall provide the Authority with the following information as part of the normal reporting regime of this Contract on an annual basis (to include information relating to employees transferred under the Transfer Regulations to Sub-Contractors as a result of this Contract):
1.8.1 any proposed, agreed or imposed changes to terms and conditions of service in respect of persons wholly or mainly employed or engaged in provision of the Services under this Contract;
1.8.2 disputes relating to compliance with the Transfer Regulations which are regarded as unresolved by a recognised Trade Union;
1.8.3 any court action or tribunal proceedings relating to compliance with the Transfer Regulations;
1.8.4 completed court action or tribunal proceedings relating to compliance with the Transfer Regulations; and
1.8.5 out of court settlements relating to compliance with the Transfer Regulations if possible having regard to the wording of the settlement
and the Contractor acknowledges that the information referred to in this Clause 0 may also be used in considering the Contractor’s bid to re-let, or in considering the Contractor’s bid(s) for other contracts let by the Authority.
Information on Re-tender, Expiry or Termination 1.9 No earlier than two years preceding the Expiry Date or at any time after the service of a notice to terminate or other expiry of this Contract and on receipt of a written request by the Authority, the Contractor shall (and shall procure that any Sub- Contractor shall):
1.9.1 supply to the Authority such full and accurate and up-to-date information as may be requested by the Authority including the information listed in [Part 1 to this Schedule] to this Contract relating to the employees who are wholly or mainly employed, assigned or engaged in providing the Services under this Contract,;
1.9.2 provide the information promptly and in any event not later than three months from the date when a request for such information is made and at no cost to the Authority;
1.9.3 permit the Authority to use the information for informing any prospective New Provider for any services which are substantially the same as the Services provided pursuant to this Contract; and
1.9.4 enable and assist the Authority and a New Provider to communicate with
and meet those employees and their trade union or other employee representatives.
1.10 On notification to the Contractor by the Authority of a New Provider, or any time within 6 months of the Expiry Date or after the Authority has given notice to terminate or other expiry of this Contract, whichever is first, and on receipt of a written request by the Authority, the Contractor shall:
1.10.1 fully and accurately disclose to the Authority such information listed in Part 2 to this Schedule including any Employee Liability Information relating to his employees and relating to all employees of any third party who are employed, assigned or engaged in providing the Services under this Contract,
1.10.2 provide the information promptly and in any event not later than three months from the date when a request for such information is made (save when the written request is received less than 3 months prior to the Expiry Date, in which case no later than 28 days from the date of that request) and at no cost to the Authority; and
1.10.3 permit the Authority to use the information for informing any prospective New Provider for any services which are substantially the same as the Services provided pursuant to this Contract.
1.11 Nothing in clause 1.10 shall affect the Contractor’s obligations under regulation 11 of the Transfer Regulations to provide Employee Liability Information to the New Provider.
1.12 On notification to the Contractor by the Authority of a New Provider or within 6 months of the Expiry Date or after service of a notice to terminate or other expiry of this Contract, whichever is first, and on receipt of a written request by the Authority, the Contractor shall not: 1.12.1 materially amend or promise to amend the rates of remuneration or other terms and conditions of employment of any person wholly or mainly employed or engaged in providing the Services;
1.12.2 replace or re-deploy from the Services any person wholly or mainly employed or engaged in providing the Services, or materially increase the number of persons performing the Services;
1.12.3 reorganise any working methods or assign to any person wholly or mainly employed or engaged in providing the Services any duties unconnected with the Services; or
1.12.4 terminate or give notice to terminate the employment of any person wholly or mainly employed or engaged in providing the Services save for genuine business reasons without the prior written agreement of the Authority, such agreement not to be unreasonably withheld or delayed, and the Contractor shall indemnify and keep indemnified the Authority in respect of any reasonable costs (including reasonable legal costs), losses and expenses and all damages, compensation, fines and liabilities arising out of or in connection with any breach of Clauses, 0, 0, 1.12 and 1.13.
1.13 The Authority may at any time prior to the period set out in Clause 1.10 request from the Contractor any of the information in paragraphs 1(a) to (d) of Part 1 to this Schedule and the Contractor shall provide the information requested within three months of receipt of that request.
Indemnities on subsequent TUPE transfer on expiry or termination of the Contract
1.14 In the event that on the expiry of the Contract there is a Subsequent Relevant Transfer, the Contractor shall indemnify the Authority against all reasonable costs (including reasonable legal costs) losses and expenses and all damages, compensation, fines and liabilities arising out of or in connection with:
1.14.1 any claim or claims by Subsequent Transferring Employees or by the New Provider or any sub-contractor of the New Provider at any time on or after the Subsequent Transfer Date which arise as a result of an act or omission of the Contractor or any Sub-Contractor during the period from and including the Relevant Transfer Date and prior to the Subsequent Transfer Date;
1.14.2 any claim by any employee or trade union representative or employee representative arising whether before or after the Subsequent Transfer Date out of any failure by the Contractor or any Sub-Contractor to comply with their obligations under Regulation 13 of the Transfer Regulations in relation to any Subsequent Transferring Employee or any other employee
engaged wholly or mainly in connection with the Services by the Contractor or any Sub-Contractor.
1.15 In the event that there is a Subsequent Relevant Transfer, the Authority shall indemnify the Contractor against all reasonable costs (including reasonable legal costs) losses and expenses and all damages, compensation, fines and liabilities arising out of, or in connection with:
1.15.1 the employment or the termination of the employment of each of the Subsequent Transferring Employees by the New Provider or any Sub- Contractor of the New Provider at any time on or after the Subsequent Transfer Date which arise as a result of an act or omission of the New Provider or any Sub-Contractor of the New Provider during the period from and including the Subsequent Transfer Date; and
1.15.2 any claim by any employee or trade union representative or employee representative arising whether before or after the Subsequent Transfer Date out of any failure by the New Provider or any Sub-Contractor of the New Provider to comply with their obligations under Regulation 13 of the Transfer Regulations in relation to any Subsequent Transferring Employee or any other employee engaged wholly or mainly in connection with the Services by the New Provider or any Sub-Contractor of the New Provider.
Contracts (Rights of Third Parties) Act 1999
1.16 A New Provider may enforce the terms of Clause 1.14 against the Contractor in accordance with the Contracts (Rights of Third Parties) Act 1999.
1.17 The consent of a New Provider (save where the New Provider is the Authority) is not required to rescind, vary or terminate this Contract. 1.18 Nothing in Clause 1.16 shall affect the accrued rights of the New Provider prior to the rescission, variation or termination of this Contract.
PART 1 TO SCHEDULE
CONTRACTOR PERSONNEL-RELATED INFORMATION TO BE RELEASED UPON RE- TENDERING WHERE TUPE APPLIES
1. Pursuant to Clause 1.2, the following information will be provided: a) The total number of individual employees (including any employees of sub- contractors) that are currently engaged, assigned or employed in providing the Services and who may therefore be transferred. Alternatively the contractor should provide information why any of their employees or those of their sub-contractors will not transfer; b) The total number of posts or proportion of posts expressed as a full-time equivalent value that currently undertakes the work that is to transfer; c) The preceding 12 months total pay costs - Pay, employee/employer ERNIC and Overtime); d) Total redundancy liability;
2. In respect of those members of staff included in the total at 1(a) above: a) Age (not date of Birth); b) Employment Status (i.e. Fixed Term, Casual, Permanent); c) Length of current period of continuous employment (in years, months); d) Weekly conditioned hours of attendance (gross); e) Standard Annual Holiday Entitlement (not "in year" holiday entitlement that may contain carry over or deficit from previous leave years); f) Pension Scheme Membership g) Pension and redundancy liability information; h) Annual Salary; i) Details of any regular overtime commitments (These may be weekly, monthly or annual commitments for which staff may receive an overtime payment);
j) Details of attendance patterns that attract enhanced rates of pay or allowances; k) Regular/recurring allowances; l) Outstanding financial claims arising from employment (i.e. season ticket loans, transfer grants);
4. Additional information about factors that may influence staffing levels and costs.
5. The information to be provided at paragraphs 1, 2 and 3 should not identify an individual member of staff by name or other unique personal identifier.
6. Access by the Authority/Tenderers to the contractor's general employment terms and conditions applicable to those members of staff identified at paragraph 1(a).
PART 2 TO SCHEDULE
PERSONNEL INFORMATION TO BE RELEASED ON AWARD OF CONTRACT TO A NEW PROVIDER WHERE TUPE APPLIES Pursuant to Clause 1.2 the following information will be provided:
1. Personal, Employment and Career a) Employee's full name b) Date of birth c) Home address d) Security Vetting Clearance e) Job title f) Work location g) Conditioned hours of work h) Employment Status i) Details of training and operating licensing required for Statutory and Health and Safety reasons j) Details of training or sponsorship commitments k) Standard Annual leave entitlement and current leave year entitlement and record l) Annual leave reckonable service date m) Details of grievance proceedings where the outcome may have an effect or require action by the new employer. n) Issue of Uniform/Protective Clothing o) Working Time Directive opt-out forms p) Date from which the latest period of continuous employment began.
2. Superannuation and Pay a) Maternity leave or other long-term leave of absence; b) Annual salary and rates of pay band/grade; c) Shifts, unsociable hours or other premium rates of pay;
d) Overtime history for the preceding 12-month period; e) Allowances and bonuses for the preceding 12-month period; f) Details of outstanding loan, advances on salary or debts; g) Bank/building society account details for payroll purposes Tax Code; h) Cumulative pay for tax and pension purposes; i) Cumulative tax paid; j) National Insurance Number; k) National Insurance contribution rate; l) Other payments or deductions being made for statutory reasons; m) Any other voluntary deductions from pay; n) For pension purposes, the notional reckonable service date; o) Pensionable pay history for 3 years to date of transfer; p) Percentage of any pay currently contributed under any additional voluntary contribution arrangements; q) Percentage of pay currently contributed under any added years arrangements.
3. Medical a) Sickness and absence records for the immediately preceding four-year period; b) Details of any active restoring efficiency case for health purposes.
4. Disciplinary a) Details of any active restoring efficiency case for reasons of performance; b) Details of any active disciplinary cases where corrective action is on going.
5. Due to the Data Protection Act, any additional personal information that it is considered may assist the contractor to more fully understand the circumstances that affect an individual's employment can only be provided with the positive agreement of the individual member of staff concerned.
6. Examples of the information that might be considered include:
a) Information about specific adjustments that have been made for an individual under the Disability Discrimination Act 2005; b) Short term variations to attendance hours to accommodated a domestic situation;
7. Also due to the Data Protection Act, if an individual who was to transfer is subsequently withdrawn, then any information about that individual that has been passed to the new employer under paragraphs 1, 2, 3, 4, and 6 above must be returned to the Previous Contractor or the new employer will be required to certify that the information has been as deleted from any of their recording system.