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Name & Address Of Contractor: A Searle & Co Ltd MINISTRY OF DEFENCE Contract No: Unit 24, Bourne Industrial Park Bourne Road SCHEDULE OF REQUIREMENTS DFG/6019 Crayford, Kent FOR THE SUPPLY OF DA1 4BZ SHELL WATER DETECTION CAPSULES & ASC NYLON Issued with: Covering letter RECORD SYRINGES on: 8 July 2011 Table 1 - Items Firm Price Each Item Ordering Period DMC/NSN Description/Specification Anticipated Annual No Ordering Qtys 8 July 2011 to 30 June 2014 1 34E/6630-99- Shell Water Detection Capsules Qty 2556 Boxes per REDACTED 2241108 annum INFORMATION- (Note-Water Detection capability (Qty 80 Capsules per COMMERCIAL must be down to a minimum of box) INTERESTS 30ppm) 2 34E/6630-99- ASC Nylon Record Syringe 5ml Qty 1728 REDACTED 2241107 Water Detector INFORMATION- COMMERCIAL INTERESTS Above prices valid for ordering period 8 July 2011 to 30 June 2012. Subsequent prices to be agreed in accordance with DEFCON 127. (See also Special Condition 2a) Table 2 - Packaging Requirements Item Packaging Spec/ Nos Special Markings etc Commercial Standard Containers 1 & 2 (also see Condition No. 6) Table 3 - Ordering Period Item Start of Ordering Finish of CONDITIONS OF Rate Nos Period Ordering Period CONTRACT This contract is subject to As per the attached Standard 1 & 2 8 July 2011 Authorised 30 June 2014 Conditions and Special Demand Order(s) Conditions of Contract Nos 1 – 14 DFG/6019 STANDARD CONDITIONS OF CONTRACT The following Defence Conditions (DEFCONs) shall apply: DEFCON 5 (Edn 07/99) - MOD Forms 640 – Advice and Inspection Note DEFCON 5J (Edn 07/08) - Unique Identifiers DEFCON 68 (Edn 05/10) - Supply of Hazardous Articles and Substances DEFCON 76 (Edn 12/06) - Contractor’s Personnel at Government Establishments DEFCON 127 (Edn 10/04) - Price Fixing Condition for Contracts of Lesser Value DEFCON 129 (Edn 07/08) - Packaging (For Articles other than Ammunition and Explosives) – see also Condition No 6 Note: For the purposes of this Contract Clause 12 - Spares Price Labelling is not applicable. DEFCON 129J (Edn 07/08) - The Use Of The Electronic Business Delivery Form DEFCON 501 (Edn 04/04) - Definitions and Interpretations DEFCON 502 (Edn 06/08) - Specifications DEFCON 503 (Edn 07/05) - Amendments to Contract DEFCON 507 (Edn 10/98) - Delivery DEFCON 509 (Edn 09/97) - Recovery of Sums Due DEFCON 513 (Edn 06/10) - Value Added Tax DEFCON 515 (Edn 10/04) - Bankruptcy and Insolvency DEFCON 516 (Edn 06/04) - Racial Discrimination DEFCON 518 (Edn 09/97) - Transfer DEFCON 520 (Edn 08/09) - Corrupt Gifts and Payments of Commission DEFCON 521 (Edn 10/04) - Sub-Contracting to Supported Employment Enterprises DEFCON 522 (Edn 07/99) - Payment (all references to DEFFORM 522A should read as Annex B) DEFCON 522J (Edn 05/03) - Payment Under P2P DEFCON 523 (Edn 03/99) - Payment of Bills Using the Bankers Automated Clearing Service (BACS) System DEFCON 524 (Edn 10/98) - Rejection DEFCON 525 (Edn 10/98) - Acceptance DEFCON 526 (Edn 08/02) - Notices DEFCON 527 (Edn 09/97) - Waiver DEFCON 528 (Edn 10/04) - Overseas Expenditure & Import Licences DEFCON 529 (Edn 09/97) - Law (English) DEFCON 530 (Edn 07/04) - Dispute Resolution (English Law) DEFCON 531 (Edn 05/05) - Disclosure of Information (see also Special Condition No.13) DEFCON 534 (Edn 06/97) - Prompt Payment (sub-contracts) DEFCON 537 (Edn 06/02) - Rights of Third Parties DEFCON 538 (Edn 06/02) - Severability DEFCON 566 (Edn 02/11) - Change of Control of Contractor DEFCON 602B (Edn 12/06) - Quality Assurance (Without Deliverable Quality Plan) DEFCON 604 (Edn11/04) - Progress Reports (see also Special Condition No.10) DEFCON 608 (Edn 10/98) - Access and Facilities to be Provided by the Contractor DEFCON 609 (Edn 10/98) - Contractor’s Records (see also Special Condition No.9) DEFCON 612 (Edn 10/98) - Loss of or Damage to the Articles DEFCON 614 (Edn 09/03) - Default DEFCON 616 (Edn 10/98) - Competition/Alternative Sourcing DEFCON 617 (Edn 12/02) - Enabling Contracts – Estimated Quantities DEFCON 618 (Edn 12/02) - Enabling Contracts – Standing Offer DEFCON 619A (Edn 09/97) - Customs Duty Drawback DEFCON 621B (Edn 10/04) - Transport (if the Contractor is responsible for transport) DEFCON 624 (Edn 04/10) - Use of Asbestos in Arms, Munitions or War Materials DEFCON 632 (Edn 02/07) - Third Party Intellectual Property Rights DEFCON 644 (Edn 10/98) - Marking of Articles DEFCON 656 (Edn 03/06) - Break Notes: At the earliest opportunity during the period of the Contract, the Authority intends to switch to an electronic (P2P) bill payment system. At that point the Authority will seek the Contractor’s agreement that:- a. DEFCON 5J will supersede DEFCON 5 and any other Conditions which are linked to DEFCON 5 shall operate under DEFCON 5J. b. Condition No.11 and the completed version of DEFFORM 30 (at Annex C) shall apply to the Contract and the Contractor shall utilise the Defence Electronic Commerce Service (DECS) or enter into an arrangement with a third party to interface with the Authority via the DECS. DFG/6019 SPECIAL CONDITIONS OF CONTRACT 1. SCOPE/ DURATION OF ENABLING CONTRACT a. The Contract shall cover the supply of Item Nos 1 & 2 of the Schedule of Requirements (SOR) as requested under Demand Orders issued by the Authorised Demanders listed at Annex A below, during the ordering period stated at Table 3 of the SOR. b. After the expiry of the ordering period only Demand Orders covering reductions, cancellations, changes in reference or part numbers or similar alterations to existing requirements will be issued. 2. PRICE a. The prices detailed within the SOR will be deemed to be firm, i.e. non variable, for the duration of any validity period stated thereon. Thereafter prices shall be agreed under the terms of DEFCON 127 and any associated quotation(s) shall be submitted to the Authority's Commercial Branch by no later 20 working days from the end of the validity period concerned. b. Unless otherwise stated in the SOR, the price shall be net, including all cash and trade discounts, the cost of non-returnable containers and all other incidental charges, e.g. Quality Assurance requirements, filling, painting and marking of containers, over-packing and delivery. c. For delivery within Mainland UK the price shall include any tax, except Value Added Tax, leviable on the product. The tax element payable under the Contract shall be the rate applicable on the day of delivery. The appropriate rate of Value Added Tax (VAT) shall be shown separately. 3. QUALITY ASSURANCE The Quality Assurance requirements applicable to this Contract are as follows: AQAP 2120* AQAP 2130 AQAP 2105 *For the purposes of the Contract the Contractor’s quality management system shall be maintained in accordance with the above AQAP 2120 standard. 4. ORDERING PROCEDURE a. Demand Orders will be issued to the Contractor either by post or facsimile (telephone demands will not be accepted) by the authorised MOD Demanding Authorities listed at Annex A. Each demand shall include the following details: (i) the identity of the Unit (ii) the Demanding Unit’s Unit Identification Number (U.I.N) (ii) the Contract Number; (iii) the delivery destination/timescale; (iv) the type/quantity of product required; b. The Authority will only be liable for products supplied against properly completed demand orders nominated by an authorised Demanding Officer. Demands received from any other sources should not be actioned. Should supplies be demanded in a size not specified in the Schedule of Requirements, the Contractor must return the order to the Demanding Officer for amendment or cancellation. c. Demands will be made throughout the period of the Contract but the Authority does not commit itself to issuing demands on a regular basis. 5. DELIVERY a. All deliveries shall be completed to the requirements of each Demand Order unless otherwise agreed between the Contractor and the Demanding Officer. Any phased deliveries shall be completed at an even rate between the commencement and completion dates. DFG/6019 b. The Contractor shall ensure that all quantities demanded are delivered within 10 working days of receipt of order. If for any reason this timescale cannot be met the Contractor shall inform both the Consignee and the Authority’s Commercial Branch accordingly. c. The contractor shall be responsible for the delivery of all supplies demanded under the Contract. For any orders from overseas units the Contractor shall deliver to Bicester JSCS, Building E1, Bicester, Oxon OX25 2LP only. Customer Services contact number is 01869 256052. 6. PACKAGING/MARKING REQUIREMENTS a. Commercial standard containers are to be supplied in accordance with DEFCON 129. The container and closure shall be compatible with the product and overpacked, suitable for transportation, distribution and use including subsequent storage for the shelf life of the product in covered, unheated stores. All packs shall comply with statutory requirements in respect of transport, storage and health and safety hazards as identified in DEFCON 68 (latest issue). b. All containers shall comply with statutory requirements in respect of transport, shipping, storage and health and safety hazards as identified in the Chemicals (Hazard Information and Packaging) Regulations (CHIP). c. All containers are to be marked clearly in accordance with the requirements of DEFSTAN 05-52 Part 1 and DEFCON 68. Minimum markings on all containers and overpacking must include product description, the appropriate domestic management code (DMC), NATO Stock Number (NSN), contract number, batch number, filling/expiry date must be shown on all outer packaging (boxes). For these purposes labels may be used but they must clearly comply with BS5609, be inert to the product and adhere to the container/overpacking for the shelf life of the product. 7. PRODUCT LIFING REQUIREMENT Item 1 on the SOR shall have a minimum of six-months self-life remaining at the time of delivery.
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