NORTHERN LIGHTHOUSE BOARD
INVITATION TO TENDER FOR THE PROVISION OF ASBESTOS TESTING & REPORTS SERVICES
REF: ENMA/ASBE/1352
INTRODUCTION
This Tender has been created in MS Word 2007 and is designed to be completed electronically.
Please note that there will be a site visit to allow Tenderers to view the works required prior to the closing date. Full details of the evaluation criteria are detailed on pages 12 & 13 of this document.
If you have downloaded this Tender from our Buyer Profile can you please register your interest with Donald Innes, Procurement Officer, by emailing [email protected] this will ensure that you are provided with any subsequent clarification information
You may wish to read NLB’s Procurement Guide and a copy can be found on our buyer profile http://nlb.g2b.info under the Buyer Profile/Other Information headings.
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1. Contents
Introduction 3
Background Information – NLB 4
Point of Contact 5
Submitting a Tender 6
Description of Services 7
Standard Selection Questionnaire 14
Pricing Schedule – Annex I 33
Grounds for Disqualification 34
Instructions to Tender – Annex II 35
Declaration of Non-Collusion - Annex III 38
Form of Tender - Annex IV 39
Evaluation Matrix - Annex V 41
CDM Questionnaire in GLA HSS FORM 3.02.01 Questionnaire for Principal 43 Contractors – Annex VI
Term and Conditions for the Purchase of Services - Annex VII 50
Tender Label - Annex VIII 61
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Introduction
Please ensure you understand all aspects of this ITT. All information contained within this ITT will be used by the Commissioner of Northern Lighthouses operating as the Northern Lighthouse Board (NLB) for the purposes of this project only. This ITT is non-transferable, if you decide you do not wish to tender please inform Donald Innes, Procurement Officer Email: [email protected] as soon as possible and where possible explain why you have decided not to tender.
No information contained in this ITT, or in any communication made between NLB and any Tenderer in connection with this ITT, shall be relied upon as constituting a contract, agreement or representation that any contract shall be offered in accordance with this ITT. NLB reserves the right, subject to the appropriate procurement regulations, to change without notice the basis of, or the procedures for, the competitive tendering process or to terminate the process at any time. Under no circumstances shall NLB incur any liability in respect of this ITT or any supporting documentation.
Direct or indirect canvassing of any NLB Commissioners, NLB staff, public sector employee or agent by any potential bidder concerning this requirement, or any attempt to procure information from any NLB Commissioner, NLB Staff, public sector employee or agent concerning this ITT may result in the disqualification of the Tenderer from consideration for this requirement.
NLB will not reimburse any costs incurred by Tenderers in connection with preparation and submission of their responses to this ITT.
All information contained within this ITT will be used to inform NLB’s project board/team relating to this project alone.
Tenderers are advised to answer all questions. While a lack of response may not preclude you from consideration, NLB will request no further information before the evaluation of responses and the issuing of the invitations to tender. Therefore it is in your interest to ensure that your submission is complete at the time of sending. You may provide additional information, if relevant, with your tender submission.
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Tenders must be explicit and comprehensive in their responses to invitation to tender and are advised neither to make any assumptions about their past or current supplier relationships with the GLAs nor to assume that such prior business relationships will be taken into account in the evaluation procedure. Submitted tenders will be evaluated solely on the evaluation criteria detailed in Annex V
In accordance with EU and UK legislation and public sector transparency guidelines, please be aware that NLB contracts will be advertised and also published following contract award. Information in relation to the contracts will be within the public domain, your attention is drawn to Page 17 – Freedom of Information Act 2000.
2.
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3. Background Information
The Commissioners of Northern Lighthouses – operating as the Northern Lighthouse Board (NLB) and the Corporation of Trinity House (England, Wales, Channel Islands and Gibraltar) together with the Commissioners of Irish Lights (the whole of Ireland - are the General Lighthouse Authorities (GLAs) with responsibility, subject to certain provisions, for the superintendence and management of “all lighthouses, buoys and beacons” throughout their respective geographical areas including “the adjacent seas and islands....” within and beyond territorial waters. In all, the GLAs provide some 1,200 traditional aids complemented by a mix of radio navigation aids for the safety of all mariners engaged in general navigation irrespective of who pays for the service, the size or type of the vessel, her equipment fit, the competence of her crew, or her flag.
Through an agreement with the Government of the Irish Republic the three GLAs provide an integrated network of Aids to Navigation around the British Isles. This discharges both the United Kingdom and Irish Governments’ obligation under the International Maritime Organisation’s Safety of Life at Sea Convention.
The costs of the GLA’s services are met from the General Lighthouse Fund (GLF). The income to the GLF comes mostly from light dues which are charged on commercial shipping at United Kingdom and Republic of Ireland ports. There is no provision for Exchequer funding except in the Republic of Ireland and in relation to guarantees under the GLAs’ borrowing powers. The Secretary of State for Transport has a duty to ensure the effective management of the GLF and enable the adequate provision of aids to navigation at the minimum cost.
The Northern Lighthouse Board carries out the functions of the Commissioners of Northern Lighthouses who are constituted in terms of, and are given certain powers and duties by, Part VIII of and Schedules 8 and 9 to the Merchant Shipping Act 1995. The subject matter of that Act is a reserved matter under Section 30 of and Schedule 5 to the Scotland Act 1998 and in terms of Section 29 of the Scotland Act 1998. The Board's affairs will continue to be subject to legislation passed by the United Kingdom Parliament. Ministerial responsibility will remain with the Department for Transport.
Under Section 193 of the Merchant Shipping Act 1995 NLB is the GLA for Scotland and adjacent seas and islands and the Isle of Man, and under Section 195 is vested with the responsibility for the superintendence and management of all lighthouses, buoys and beacons. Our Head Office is at 84 George Street, Edinburgh, EH2 3DA. We have a waterfront operating base in Oban on Scotland’s West Coast and it supports our ships and buoy maintenance work; and provides facilities for helicopters. We have smaller business premises in the Northern Isles.
The efficiency of our Aids to Navigation are measured against international standards set by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA). IALA is a non-profit, non- governmental international technical association. IALA’s aim is to harmonize aids to navigation worldwide and to ensure that the movements of vessels are safe, expeditious, cost effective and harmless to the environment.
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Within its area of jurisdiction as a General Lighthouse Authority, NLB has various powers and responsibilities in connection with the provision, maintenance, alteration, inspection and control of lighthouses, buoys and beacons, under Section 197 of the 1995 Act as amended. NLB also has Wreck Removal powers under Section 253 of the Act.
For further information please see our website: www.nlb.org.uk
Point of Contact
All enquiries must be addressed, to Donald Innes, Procurement Officer as the single point of contact for this exercise, at the address shown below and must be submitted in writing or by email; these shall all be recorded and email is preferable. Tenderers should be aware that it will be the intention of NLB to circulate in writing, to all interested parties all queries and enquiries received together with our response. The source of the question will not be disclosed. To ensure that all Tenderers have the same information, we will respond to all queries and points of clarification raised by 16:00 hours on Monday 9 January 2017.
The closing date for receipt of tender is Friday 13 January 2017 at 12:00 hours (noon). You should note that NLB may seek amplifying information from Tenderers, or from third parties in amplification of any part of the submission.
Donald Innes Procurement Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA United Kingdom
Email: [email protected] Tel: 00 44 131 473 3134
Completed Tenders should be forwarded using the label provided at Annex VIII to:
Director of Finance Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA United Kingdom
NLB have a strict procedure for the control of information and the management of its tender processes. All tender submissions received prior to the tender return deadline with be placed by our Reception Staff within
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a double locked tender box. The Director of Finance and Commercial Manager each have one key to this box and they or their representatives must both be present to enable opening. This box is only opened after the tender return deadline and the tenders for each project are removed for opening and the box locked. Therefore it is essential that the outer envelope of your tender bears the tender label provided.
Tenders are opened by the Director of Finance and the Commercial Manager (or their appointed representatives) and formally recorded; each page is endorsed and checked for alterations etc. Tenders are then given to the Commercial Section for evaluation.
You must address all aspects of pricing within your tender submission including the method for charging the service, additional services required, recoverable expenses etc. Please ensure that you detail all costs involved with the service provision and any associated costs. NLB will not be liable for any unidentified costs.
Please do not hasten the progress of your tender. All Tenderers will be advised at appropriate stages of the evaluation process and there is no advantage to be made by hastening progress.
Submitting a Tender*
All Tenders are submitted entirely at the cost of the Tenderer. NLB will not be responsible for any costs associated with any tender submission or subsequent activities. Tenders received after the closing date and those not providing the correct number of copies of all information may not be considered.
Whilst Tenders must be returned in hardcopy using the label provided at Annex VIII, you can also email your Tender submission to [email protected] if you wish to ensure delivery before the deadline. Please put “Tender Ref: ENMA/ASBE/1352” as the subject of the email. We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent. Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender. This email box is only opened following the deadline and the above procedure still applies. Tenders received after the closing date will not be considered. Emailed copies will only be accepted if the original hardcopy tender is received within two (2) working days of the deadline.
Tenderers should include a single point of contact in their organisation for their response to the ITT. NLB will not be responsible for contacting the Tenderer through any route other than the nominated contact. The Tenderer must therefore undertake to notify any changes relating to the contact promptly. Please ensure you provide full contact details including an email address, landline and mobile telephone number.
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NLB may request to visit your premises, visit a reference site or undertake any appropriate action required as part of the tender evaluation and you may also be asked to attend an interview and make a formal presentation to NLB’s Project Team. Interviews will be held in NLB Board Room at 84 George Street, Edinburgh, Scotland, United Kingdom and attendance is entirely at your own cost. The final detail of such requests will be identified at the tender evaluation stage, all requests will be made in writing and appropriate conditions for participation may be attached.
Agreement Nature* The Boards terms and conditions for the Purchase of Services shall apply to any contract that may be arranged and will prevail over all others imposed or implied.
Description of Services
The Northern Lighthouse Board has a requirement for either a single contractor or multiple contractors who will provide Asbestos Testing & Reporting Services and is UKAS accredited for various nominated NLB locates and properties.
All interested suppliers that express interest in this Framework Agreement will be asked to complete and return the documentation and pricing schedule enclosed in this tender document.
Upon the completion of this tender exercise the Board will shortlist either a single contractor or a maximum of three (3) Asbestos Contractors to provide this services to Board. The appointed contractor/s will enter into a framework agreement with the Board and will be asked to provide accurate pricing through a Call off Agreement under a Request for Further Competition exercise for any proposed or future projects.
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The provisions of the service will be spread over a wide geographical area throughout Scotland and the Isle of Man within some remote areas. Location included but not limited to the below locations. The Successful contractor/s may have to apply for work permits for work on the Isle of Man.
Location Access to Site Ailsa Craig Boat, Girvan, full welfare and accommodation Barra Head Helicopter, Benbecula or Oban Cairn Na Burgh More Helicopter, Oban Dubh Sgeir (Leverburgh) Boat, Leverburgh Eilean A Chuirn Boat, Islay Eilean Glass Road/foot access, day welfare Heather Island Helicopter, Oban Little Ross Beacon Boat, Red Rock Boat, Leverburgh Monach Isles & Ushenish Helicopter, Benbecula or Oban Carragh An T'Struith Boat, Islay Earls Hill road access, stirling, no welfare Hyskeir Helicopter, Benbecula or Oban McArthur's Head & Skervuile Boat, Islay Point of Ayre road access, Isle of Man – day welfare Rubha Nan Gall boat/foot access, Mull – no welfare or power Scarinish road/foot access, Tiree – no welfare Skervuile Boat, Islay Ushenish, Helicopter Benbecula or Oban – day welfare
Please note that the above list is only a list of possible locations where this service may be utilized, this is not an extensive location list, any proposed of future services are likely to spread over a wide geographical area throughout Scotland and the Isle of Man as and when required.
This “as and when required” service will be to provide the following services and will form a framework agreement for the provision for:
Asbestos Surveys Asbestos Testing Air Quality Monitoring
Then provide a report of the finding to the Board’s H&SE Manager/Engineering Department. All proposed surveys and access to the nominated sites will be arranged and co-ordinated by a representative from the Board’s H&SE Department or Engineering Department.
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The Board will co-ordinate all travel arrangement to site, but on some occasions the contractor may be required to travel to site on their own accord, therefore the contractor must provide a fix cost for the following cost elements Travel & Subsistence, Mileage Rate per Mile, Over Night Allowance and Accommodation costs within the pricing schedule enclosed.
All tenders are asked to complete and return the Pricing Schedule in Annex I (page 37-38) within this pricing schedule all tenderer are asked to provide pricing example for a Large, Medium & Small site locations. Included within this document are three (3) comparison Large, Medium & Small NLB sites which tenderers should estimate their pricing for Asbestos Management Surveys & Refurbishment & Demolition Surveys based on the below example sites/drawings.
1. Large Site - Ailsa Craig Lighthouse
Drawing - Ailsa Craig Lighthouse
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2. Medium Site – Little Ross Lighthouse
Drawing – Little Ross Lighthouse
3. Small Site – Scarinish Lighthouse
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Drawing - Scarinish Lighthouse
Call off Agreement under a Request for Further Competition exercise
The propose of the Request for Further competition allows the Board to re-open competition between the framework suppliers in a flexible, compliant way, allowing the Board to draw up a detailed specification which more specific to the Boards requirements which can include delivery, staffing and management arrangements, transportation arrangements and costs.
The Call off Agreement under this Framework Agreement through a Request for Further Competition exercise for any proposed or future projects and shall follow the below process:
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1. The Board will develop an accurate Statement of Requirements for the proposed Services and identify the Framework Suppliers capable of supplying the Services. If a direct award cannot be made then a Request a Further Competition will be conduct with all the successful suppliers. 2. During the period of this framework agreement the selected suppliers will be asked to complete and return the Request a Further Competition documentation for the Board Services Requirements in line with the rate and the agreed terms and conditions under this Framework agreement. The Board will evaluate and the most competitive and most economically advantageous ("MEAT") Request for Further Competition submitted will be award this call off agreement. All unsuccessful suppliers will be provided with written feedback in relation to the reasons why their tenders were unsuccessful. 3. The successful supplier will then be issued official instructions by the Board to conduct the proposed service
Reference is made to NLB Policies within the tender document all contracted staff whilst in the engagement of this provision will be subject to these policies. Failure to the agreement to these policies will result in an automatic failure and the exclusion from this tender exercise.
Access to Site It is intended that the successful Contractor/s will conduct Asbestos Testing & Reporting Services in various nominated NLB locates and properties throughout Scotland and the Isle of Man. Access to the nominated sites will be predominately be by Road but some Ship or Helicopter travel will be required. As a mandatory requirement for this framework agreement the successful contractor/s staff appointed to conduct this service must hold a valid HUET & EBS certificates for using NLB helicopter resources and must comply with the NLB Helicopter Manual which will be issued to the successful contractor/s upon award.
OPITO Approved Helicopter Underwater Escape Training with EBS training Due to changes in Civil Aviation Authority (CAA) regulations and NLB Health & Safety policy there will be a mandatory requirement for contractors intending to use the NLB Helicopter to be trained and qualified on an appropriate OPITO Approved Helicopter Underwater Escape Training with EBS training course. You are required to provide a list of staff that hold or you intend to train on the OPITO Approved Helicopter Underwater Escape Training with EBS training certificate, only staff that have been appointed to conduct the work are required to have the appropriate certification. Copies of staff certification must be included within your tender reply or the contractor must confirm his willingness to comply with this requirement. NLB will not be liable for any costs associated with obtaining this certification/accreditation.
Alcohol and Drugs Policy NLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships. The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate.
• It is considered best practice among a wide number of both public and private sector operators.
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• The decision as to when and where the random drug and alcohol test will take place, will be decided jointly by the Director of Marine Operations and the HR Manager
• Both ships and both crews will be tested at least once during a one year period. All personnel and contractors onboard the vessel will be tested at that time.
• All personnel must provide photographic proof of identity to provide to the tester
• The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day, without prior warning.
• Alcohol will be tested by way of a breath test and a result will be given immediately. Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated. Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity, and the issue referred to the employer.
• Drugs will be tested by individuals giving the tester a saliva sample. The testing kits provide an immediate screening result. Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing). Where a non-negative result is shown, the individual will be immediately suspended pending the laboratory results. If the laboratory results confirm a positive result, the individual will be informed and a disciplinary investigation
PPE Equipment The successful contract will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site. On the occasion that NLB require contracted staff to travel by ship or helicopter, NLB will provide nominated contract staff with the necessary PPE Equipment whilst travelling by ship or helicopter.
Asbestos Reports Contractors should provide an example of their Asbestos conditional findings report and a list of Professional Accreditations/ Certification that your company hold with your tender reply.
All quantities referred to are indicative only and NLB make no commitment to the actual quantities that will form part of any contract. The Northern Lighthouse Board reserve the right to award the Contract in whole or in part and to make no award of contract if necessary
Termination of Contract Failure to meet the required timescales and any changes to the contract costs may result in immediate termination of the contract by NLB. This contract can be terminated by NLB with 30 days written notice.
Contract Award Criteria The award criteria (and weighting) are detailed below: -
Service Rates & Report & Associated Service Cost, Acceptance of Contract Rates and All tender documents returned (45%)
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Weight Service Rates 25 Asbestos Reports & Associated Services Cost 20 Acceptance of Contract terms Yes/No All tender docs completed Yes/No
All Tenderers shall complete the attached CDM Questionnaire in full. (Inter GLA HSS FORM 3.02.01 Questionnaire for Principal Contractors) Questionnaire for Principal Contractors Pass/Fail
All contractors shall complete the enclosed Applicants failing the CDM Questionnaire in full (Inter GLA HSS Form evaluation of CDM Questionnaire or not returning 3.02.01 Questionnaire for Principal the questionnaire will not be Contractors/Contractors). (Annex VII) considered.
Applications failing the evaluation of the CDM Questionnaire will not be considered for Tender Award
Capability & Project Information (55%) Weight Provide a detailed Covering Statement on how Contract will be managed and conducted considered all aspects of this 15 service Professional Accreditations/ Certification 5 Examples of Asbestos Reports – Management Survey & Refurbishment & Demolition Survey 5 Provide details of experience/similar works carried out 12 Provide a list of staffs appointed to conduct this service, Including experience of similar asbestos project and staff 18 CV’s Information provided in the Tenderer information schedule and the Standard Selection Questionnaire Yes/No
Timetable
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Set out below is the proposed procurement timetable. This is intended as a guide and, whilst the NLB does not intend to depart from the timetable, it reserves the right to do so at any time. Timescale
Issue of Invitation to Tender Friday 2 December 2016 Tender return deadline Friday 13 January 2017 at 12:00 (noon) Tender Award February 2017
Contract Pricing The price shall be fixed for a minimum period of 12 months from the date of commencement of the contract. Any variation must be substantiated, no higher than the prevalent rate of inflation and if agreed will be fixed for the next 12 month period. All price or contract variation requests must be submitted in writing and address to Colin Brolly, Commercial Manager with a minimum of 28 days notice. Where applicable substantiating documents must also be included in the submission
The agreement may be awarded in whole or in part, however NLB reserve the right not to make an award.
Any quantities referred to within this tender document will be indicative and official order(s) will be issued for requirements during the agreement period. NLB reserves the right to place orders with the Contractor of their choice. The price will remain fixed for a minimum period of 120 days from the return of tender.
Agreement Pricing This agreement shall be a framework agreement for the Provision of Asbestos Testing & Reporting as specified. The agreement may be awarded in whole or in part, however NLB reserve the right not to make an award.
Any quantities referred to within this tender document will be indicative and official order(s) will be issued for requirements during the agreement period. If the agreement is awarded to more than one supplier, NLB reserves the right to place orders with the Contractor of their choice. This agreement can be terminated by NLB with 30 days written notice,
This framework agreement shall be let for a period of three (3) years with the option to extend for up to a further one (1) year. The agreement shall commence in February 2017. These dates are approximate and will depend on final agreement negotiations etc.
Performance NLB are anticipating issuing multiple projects over the duration of this framework agreement, as the contractors performance and quality of work is vital to the success of these projects, it is envisaged that contractors will not be awarded more than two projects at the same time to allow the contractors performance to be monitored
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Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof.
Transportation of Contractors Equipment etc. All goods, materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractor’s own risk and NLB shall have no liability for such items.
Sub-Contractors As Principal Contractors you may wish to sub-contract parts of this contract. You are free to choose your sub-contractors but must advise NLB of all sub-contractors in writing and in advance of their sub-contract offer, NLB reserves the right to approve all sub-contractors in advance and sub-contractors cannot attend any NLB site without our prior approval. This will not relieve the Principal Contractor of any obligation or duty under the contract.
Sub-contracting and assignment The Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board. Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it, he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub- contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements. The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce.
Contractor’s Conduct Contractors including their staff, sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site. A good neighbour approach must to taken to ensure that there is minimum disruption to the locality, others working and neighbours of the site. NLB will investigate all complaints received and take appropriate action.
Variations to the Contract The Contractor shall not vary the Specification unless instructed by NLB in writing. The Contractor may propose Variations to the Contract for the consideration of NLB but shall not vary the Contract unless instructed in writing by NLB.
Contract Details Please provide the following with your tender submission:
Pricing proposals covering the goods, clearly indicating of what is being offered and any additional services offered Any other applicable information or alternative offers.
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Any further information you deem relevant, any qualification of quotation or other supporting details. Clear notification of any of the areas of our requirements that cannot be provided. Covering Statement on how Contract will be conducted considering all aspects of the service Sample of Asbestos Testing Reports Agreement to NLB’s Alcohol and Drugs Policy List of Professional Accreditations/ Certification OPITO Approved Helicopter Underwater Escape Training with EBS training certification or willingness to obtain. Details Pricing and Price Adjustment mechanism Agreement to NLB’s Helicopter Manual Nominated Staff including Sub-contractor - details of involvement in providing this service including details of staff experience and CVs
Timber, Timber Products or Working with Timber* All timber to be provided as part of this contract must come from a sustainable and legally produced source. Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided.
Use of Oils on NLB sites* Tenderers must demonstrate within their tender submission that oils on site shall be adequately bunded in accordance with all current regulations. A copy of your Emergency Procedure for dealing with Oil Spills must be provided with your tender submission.
Pricing and Price Adjustment mechanism All pricing must be in UK Sterling and Euro. The price per unit including any bulk discounts must be delivered duty paid (DDP - Incoterms®) to the nominated delivery address. This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award. Following this period, price changes (positive and negative) will be considered based on an agreed index formula. The proposed index to be used for the annual adjustment must meet the following criteria:
A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the goods and services within the tender.
Tenderers MUST provide:
1. A short note explaining how the proposed index meets the three criteria above 2. Two years historical data for the proposed index.
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All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement. (Some costs will only be accepted at cost upon production of a valid receipt or invoice) NLB will not be held liable for any unidentified costs.
Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission
*If you have recently provided these to NLB, please mark this on your tender submission including the previous tender reference with which they were sent. Please submit the information if it is more than 12 months old. This does not apply to timber and oils as this information must be provided with each tender document. Please note that failure to provide any of this information may result in your tender not being considered. If the information requested on pages 10 to 52 has been provided within the last 12 months please provide full details of contract and contract reference number.
Contractors Responsibilities
Confidentiality Contractor’s personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party. A breach of confidentiality will result in a breach of contract, with the potential implication of early termination of the contract.
Tendering NLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise. Equipment may be called for, clarification meetings held or visits to suppliers premises etc. may take place as part of the evaluation exercise. Any evaluation equipment supplied will be without cost or liability to NLB. All evaluation equipment will be returned within 28 days from receipt.
Alternatives Delivery of alternatives is not acceptable without obtaining advanced express written permission of NLB. Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost.
Product Range Development The Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract.
Standard Office Hours Our headquarters standard hours are 8.45am to 5.00pm, Monday to Friday, excluding Public Holidays and we also operate a flexible working hours system for our staff between 07.30am and 6.30pm.
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Gifts, Hospitality and Inducements to Purchase Tenderers and Contractors shall not offer or give, or agree to give, to any NLB employee or representative any gift or consideration of any kind as a bribe, inducement or reward for doing or refraining from doing or for having done or refrained from doing, any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract. Your attention is drawn to the criminal offences created by the Bribery Act 2010.
Should a commercial organisation be convicted under Bribery Act 2010, it may be excluded from all future NLB tender processes.
Bribery and Corruption NLB have zero-tolerance of bribery and corruption. NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions. NLB Anti-Bribery policy must be complied with, without exception.
NLB’s Intellectual Property NLB’s names and logos are protected by Community Trade Marks. Tenderers and Contractors must not infringement NLB’s Intellectual Property Rights by using these without NLB’s written approval and assignation.
Publicity Publicity in relation to participation with this tender exercise is not permitted in any form. Similarly any publicity (irrespective of the form including TV, Radio, Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance. NLB reserves the right to refuse publicity, edit or suggest alternatives to the Contractor’s proposals
Freedom of Information Act 2000 Statement The Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information; or (b) would be likely to prejudice the commercial interests of the party providing the information. This also applies to information supplied to us during the pre-qualification process. Our scheme for disclosing information is available from our website at www.nlb.org.uk
In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should:
4. clearly identify such information as commercially sensitive;
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5. explain the potential implications of disclosure of such information; and 6. provide an estimate of the period of time during which the Potential Provider believes that such information will remain commercially sensitive.
Please submit responses to 1, 2 or 3 as an Annex with the completed ITT
Where a Potential Provider identifies information as commercially sensitive, NLB will endeavour to maintain confidentiality. Potential Providers should note, however, that, even where information is identified as commercially sensitive, NLB might be required to disclose such information in accordance with the FoIA. Accordingly, NLB cannot guarantee that any information marked ‘commercially sensitive’ will not be disclosed.
Transparency To help achieve greater transparency across its operations the Prime Minister has set out the following requirement “all new central government contracts are to be published in full from January 2011”. This mandatory requirement applies to all contracts over £10,000 and shall apply to any contract established as part of this tender exercise. Please be aware that only commercially sensitive information, which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB.
It is in your interest, to provide a response with you tender submission where you believe there is commercially sensitive information, which is exempt from disclosure, as outlined above and in the Freedom of Information Act 2000 paragraph above. If you do not provide this information, it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication.
In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011.
We publish details of successful bids on the Government's "Contracts Finder" website and also the Transparency page of NLB website to show how contracts are managed. We may also be required to release details under the Freedom of Information Act if requested. For these reasons, please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and narrowly defined circumstances. If you do consider any information to be confidential, please clearly set it out in a separate schedule (along with your reasons). Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender.
The following clauses will form part of the terms and conditions.
Transparency
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The parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract (including, but not limited to, any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information. The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA.
Notwithstanding any other term of this Contract, the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract – including, but not limited to, performance against key performance indicators and plans to rectify the same etc.) in their entirety, including from time to time agreed changes to the Contract, to the general public.
NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion. The Contractor shall assist and cooperate with NLB to enable them to publish this Contract.
Discrimination The Contractor is responsible for obtaining a copy of NLB publications in respect of anti- discrimination and conduct and the Contractor is responsible for ensuring all employees, agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents.
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7. Standard Selection Questionnaire
Potential Supplier Information and Exclusion Grounds: Part 1 and Part 2.
The standard Selection Questionnaire is a self-declaration, made by you (the potential supplier), that you do not meet any of the grounds for exclusion1. If there are grounds for exclusion, there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning). A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds. Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2. For example these could be parent companies, affiliates, associates, or essential sub-contractors, if they are relied upon to meet the selection criteria. This means that where you are joining in a group of organisations, including joint ventures and partnerships, each organisation in that group must complete one of these self- declarations. Sub-contractors that you rely on to meet the selection criteria must also complete a self- declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration). When completed, this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation. Supplier Selection Questions: Part 3 The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses. If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors, you should complete all of the selection questions on behalf of the consortium and/or any sub-contractors. If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder. Consequences of misrepresentation If you seriously misrepresent any factual information in filling in the Selection Questionnaire, and so induce an authority to enter into a contract, there may be significant consequences. You may be excluded from the procurement procedure, and from bidding for other contracts for three years. If a contract has been entered into you may be sued for damages and the contract may be rescinded. If fraud, or fraudulent intent, can be proved, you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation, and you must be excluded from further procurements for five years Notes for completion
1 For the list of exclusion please see https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/551130/List _of_Mandatory_and_Discretionary_Exclusions.pdf
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1. The “authority” means the contracting authority, or anyone acting on behalf of the contracting authority, that is seeking to invite suitable candidates to participate in this procurement process.
2. “You” / “Your” refers to the potential supplier completing this standard Selection Questionnaire i.e. the legal entity responsible for the information provided. The term “potential supplier” is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the “regulations”) and could be a registered company; the lead contact for a group of economic operators; charitable organisation; Voluntary Community and Social Enterprise (VCSE); Special Purpose Vehicle; or other form of entity.
3. Please ensure that all questions are completed in full, and in the format requested. If the question does not apply to you, please state ‘N/A’. Should you need to provide additional information in response to the questions, please submit a clearly identified annex.
4. The authority recognises that arrangements set out in section 1.2 of the standard Selection Questionnaire, in relation to a group of economic operators (for example, a consortium) and/or use of sub-contractors, may be subject to change and will, therefore, not be finalised until a later date. The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria. The authority will make a revised assessment of the submission based on the updated information.
5. For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration.
6. All sub-contractors are required to complete Part 1 and Part 22.
7. For answers to Part 3 - If you are bidding on behalf of a group, for example, a consortium, or you intend to use sub-contractors, you should complete all of the questions on behalf of the consortium and/ or any sub- contractors, providing one composite response and declaration. The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact, other than to the Cabinet Office and/or contracting authorities defined by the regulations, or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure.
Part 1: Potential Supplier Information Please answer the following questions in full. Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self declaration.
Section Question Response 1 Potential Supplier Information Questi on number
2 See PCR 2015 regulations 71 (8)-(9)
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1.1(a) Full name of the potential supplier submitting the information 1.1(b) – Registered office address (if applicable) (i) 1.1(b) – Registered website address (if applicable) (ii) 1.1(c) Trading status a) public limited company b) limited company c) limited liability partnership d) other partnership e) sole trader f) third sector g) other (please specify your trading status) 1.1(d) Date of registration in country of origin 1.1(e) Company registration number (if applicable) 1.1(f) Charity registration number (if applicable) 1.1(g) Head office DUNS number (if applicable) 1.1(h) Registered VAT number
1.1(i) - If applicable, is your organisation registered Yes ☐ (i) with No ☐ the appropriate professional or trade N/A ☐ register(s) in the member state where it is established? 1.1(i) - If you responded yes to 1.1(i) - (i), please (ii) provide the relevant details, including the registration number(s). 1.1(j) - Is it a legal requirement in the state where you Yes ☐ (i) are established for you to possess a particular No ☐ authorisation, or be a member of a particular organisation in order to provide the services specified in this procurement? 1.1(j) - If you responded yes to 1.1(j) - (i), please (ii) provide additional details of what is required and confirmation that you have complied with this. 1.1(k) Trading name(s) that will be used if successful in this procurement.
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1.1(l) Relevant classifications (state whether you fall within one of these, and if so which one)
a) Voluntary Community Social Enterprise (VCSE) b) Sheltered Workshop c) Public service mutual 1.1(m) Are you a Small, Medium or Micro Enterprise Yes ☐ (SME) ²? No ☐ 1.1(n) Details of Persons of Significant Control (PSC), where appropriate: ³ - Name; - Date of birth; - Nationality;
- Country, state or part of the UK where the PSC usually lives; - Service address; - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used); - Which conditions for being a PSC are met; - Over 25% up to (and including) 50%, - More than 50% and less than 75%, - 75% or more. 4
(Please enter N/A if not applicable) 1.1(o) Details of immediate parent company:
- Full name of the immediate parent company - Registered office address (if applicable) - Registration number (if applicable) - Head office DUNS number (if applicable) - Head office VAT number (if applicable)
(Please enter N/A if not applicable) 1.1(p) Details of ultimate parent company:
- Full name of the ultimate parent company - Registered office address (if applicable)
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- Registration number (if applicable) - Head office DUNS number (if applicable) - Head office VAT number (if applicable)
(Please enter N/A if not applicable)
Please note: A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them.
²See EU definition of SME: http://ec.europa.eu/enterprise/policies/sme/facts- figuresanalysis/ sme-definition/ ³UK companies, Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company. Companies, SEs and LLPs will need to keep a PSC register, and must file the PSC information with the central public register at Companies House. See PSC guidance. 4Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award. Please provide the following information about your approach to this procurement:
Section Question Response 1 Bidding Model Questio n number 1.2(a) - Are you bidding as the lead contact Yes ☐ (i) for a group of economic operators? No ☐ If yes, please provide details listed in questions 1.2(a) (ii), (a) (iii) and to 1.2(b) (i), (b) (ii), 1.3, Section 2 and 3.
If no, and you are a supporting bidder please provide the name of your group at 1.2(a) (ii) for reference
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purposes, and complete 1.3, Section 2 and 3. 1.2(a) - Name of group of economic (ii) operators (if applicable) 1.2(a) - Proposed legal structure if the group (iii) of economic operators intends to form a named single legal entity prior to signing a contract, if awarded. If you do not propose to form a single legal entity, please explain the legal structure. 1.2(b) - Are you or, if applicable, the group of Yes ☐ (i) economic operators proposing to use No ☐ sub-contractors? 1.2(b) - If you responded yes to 1.2(b)-(i) please provide additional (ii) details for each subcontractor in the following table: we may ask them to complete this form as well. Name
Registered address
Trading status
Company registration number Head Office DUNS number (if applicable) Registered VAT number Type of organisation
SME (Yes/No)
The role each sub- contractor will take in providing the works and /or supplies e.g. key deliverables The approximate % of contractual obligations assigned to each sub- contractor
Contact details and declaration
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I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate.
I declare that, upon request and without delay I will provide the certificates or documentary evidence referred to in this document.
I understand that the information will be used in the selection process to assess my organisation’s suitability to be invited to participate further in this procurement.
I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully, or if false/misleading information or content is provided in any section.
I am aware of the consequences of serious misrepresentation.
Section Question Response 1 Contact details and declaration number
1.3(a) Contact name 1.3(b) Name of organisation 1.3(c) Role in organisation 1.3(d) Phone number 1.3(e) E-mail address 1.3(f) Postal address 1.3(g) Signature (electronic is acceptable) 1.3(h) Date
Part 2: Exclusion Grounds Please answer the following questions in full. Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self declarations.
Section Question Response 2 Grounds for Mandatory Exclusion 2.1(a) Regulations 57(1) and (2) The detailed grounds for mandatory exclusion of an organisation are set out on pages 27 and 28, which should be referred to before completing these questions.
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Please indicate if, within the past five years you, your organisation or any other person who has powers of representation, decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 27 and 28. Participation in a criminal organisation. Yes ☐ No � If Yes please provide details at 2.1(b) Corruption. Yes ☐ No ☐ If Yes please provide details at 2.1(b) Fraud. Yes ☐ No ☐ If Yes please provide details at 2.1(b) Terrorist offences or offences linked to Yes ☐ terrorist activities No ☐ If Yes please provide details at 2.1(b) Money laundering or terrorist financing Yes ☐ No ☐ If Yes please provide details at 2.1(b) Child labour and other forms of Yes ☐ trafficking in human beings No ☐ If Yes please provide details at 2.1(b) 2.1(b) If you have answered yes to question 2.1(a), please provide further details. Date of conviction, specify which of the grounds listed the conviction was for, and the reasons for conviction,
Identity of who has been convicted
If the relevant documentation is
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available electronically please provide the web address, issuing authority, precise reference of the documents.
2.2 If you have answered Yes to any of the Yes ☐ points above have measures been No ☐ taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion ? (Self Cleaning) 2.3(a) Regulation 57(3) Yes ☐ Has it been established, for your No ☐ organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK), that the organisation is in breach of obligations related to the payment of tax or social security contributions? 2.3(b) If you have answered yes to question 2.3(a), please provide further details. Please also confirm you have paid, or have entered into a binding arrangement with a view to paying, the outstanding sum including where applicable any accrued interest and/or fines.
Please Note: The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions.
Section Question Response 3 Grounds for Discretionary Exclusion 3.1 Regulation 57 (8) The detailed grounds for discretionary exclusion of an organisation are set out on pages 29 and 30, which should be
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referred to before completing these questions.
Please indicate if, within the past three years, anywhere in the world any of the following situations have applied to you, your organisation or any other person who has powers of representation, decision or control in the organisation. 3.1(a) Breach of environmental obligations? Yes ☐ No ☐ If yes please provide details at 3.2 3.1 (b) Breach of social obligations? Yes ☐ No ☐ If yes please provide details at 3.2 3.1 (c) Breach of labour law obligations? Yes ☐ No ☐ If yes please provide details at 3.2 3.1(d) Bankrupt or is the subject of insolvency Yes ☐ or No ☐ winding-up proceedings, where the If yes please provide organisation’s assets are being details at 3.2 administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State? 3.1(e) Guilty of grave professional Yes ☐ misconduct? No ☐ If yes please provide details at 3.2 3.1(f) Entered into agreements with other Yes ☐ economic operators aimed at distorting No ☐ competition? If yes please provide details at 3.2 3.1(g) Aware of any conflict of interest within Yes ☐ the No ☐
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meaning of regulation 24 due to the If yes please provide participation in the procurement details at 3.2 procedure?
3.1(h) Been involved in the preparation of the Yes ☐ procurement procedure? No ☐ If yes please provide details at 3.2 3.1(i) Shown significant or persistent Yes ☐ deficiencies No ☐ in the performance of a substantive If yes please provide requirement under a prior public details at contract, a prior contract with a 3.2 contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions?
3.1(j) Please answer the following statements 3.1(j) - (i) The organisation is guilty of serious Yes ☐ misrepresentation in supplying the No ☐ information required for the verification If Yes please provide of the absence of grounds for exclusion details at 3.2 or the fulfilment of the selection criteria. 3.1(j) - The organisation has withheld such Yes ☐ (ii) information. No ☐ If Yes please provide details at 3.2 3.1(j) – The organisation is not able to submit Yes ☐ (iii) supporting documents required under No ☐ regulation 59 of the Public Contracts If Yes please provide Regulations 2015. details at 3.2 3.1(j)-(iv) The organisation has influenced the Yes ☐ decision-making process of the No ☐ contracting authority to obtain If Yes please provide confidential information that may confer details at 3.2 upon the organisation undue advantages in the procurement procedure, or to negligently provided misleading information that may have a material influence on decisions
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concerning exclusion, selection or award. 3.2 If you have answered Yes to any of the above, explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion? (Self Cleaning)
Part 3: Selection Questions
Section 4 Economic and Financial Standing Question Response 4.1 Are you able to provide a copy of your audited accounts for Yes ☐ the last two years, if requested? No ☐ If no, can you provide one of the following: answer with Y/N in the relevant box. (a) A statement of the turnover, Profit and Loss Yes ☐ Account/Income Statement, Balance Sheet/Statement of No ☐ Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation. (b) A statement of the cash flow forecast for the current year Yes ☐ and a bank letter outlining the current cash and credit No ☐ position. (c) Alternative means of demonstrating financial status if any Yes ☐ of the above are not available (e.g. forecast of turnover for No ☐ the current year and a statement of funding provided by the owners and/or the bank, charity accruals accounts or an alternative means of demonstrating financial status).
Section 5 If you have indicated in the Selection Questionnaire question 1.2 that you are part of a wider group, please provide further details below: Name of organisation Relationship to the Supplier completing these questions
5.1 Are you able to provide parent company accounts if Yes ☐ requested to at a later stage? No ☐
5.2 If yes, would the parent company be willing to provide a Yes ☐ guarantee if necessary? No ☐ 5.3 If no, would you be able to obtain a guarantee elsewhere Yes ☐ (e.g. from a bank)? No ☐
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Section 6 Technical and Professional Ability 6.1 Relevant experience and contract examples
Please provide details of up to three contracts, in any combination from either the public or private sector; voluntary, charity or social enterprise (VCSE) that are relevant to our requirement. VCSEs may include samples of grant-funded work. Contracts for supplies or services should have been performed during the past three years.
The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below.
Consortia bids should provide relevant examples of where the consortium has delivered similar requirements. If this is not possible (e.g. the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member).
Where the Supplier is a Special Purpose Vehicle, or a managing agent not intending to be the main provider of the supplies or services, the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract.
If you cannot provide examples see question 6.3
Contract 1 Contract 2 Contract 3
Name of customer organisation
Point of contact in the organisation Position in the organisation E-mail address
Description of contract Contract Start date
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Contract completion date Estimated contract value
Where you intend to sub-contract a proportion of the contract, please demonstrate how 6.2 you have previously maintained healthy supply chains with your sub-contractor(s)
Evidence should include, but is not limited to, details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)
6.3 If you cannot provide at least one example for questions 6.1, in no more than 500 words please provide an explanation for this e.g. your organisation is a new start-up or you have provided services in the past but not under a contract.
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6.4. Provide a detailed Covering Statement on how your organisation intends to approach and manage this contract/framework agreement, considered all aspects of this service.
6.5 Provide details of your companies Professional Accreditations/ Certification
6.6 Provide an Examples of Asbestos Reports you intend to product for any service conducted
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6.7 Provide details of list of staffs appointed to conduct this service, Including experience of similar asbestos project work in remote areas and staff CV’s
6.8 Agree to comply with NLB policies as listed in this tender document.
Section 7 Modern Slavery Act 2015: Requirements under Modern Slavery Act 2015 7.1 Are you a relevant commercial organisation as defined by section 54 ("Transparency in supply chains etc.") of the Yes ☐ Modern Slavery Act 2015 ("the Act")? N/A ☐
7.2 If you have answered yes to question 1 are you compliant Yes ☐ with the annual reporting requirements contained within Please provide relevant Section 54 of the Act 2015? the url …
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No ☐ Please provide an explanation
8. Additional Questions
Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage.
Section 8 Additional Questions 8.1 Insurance a. Please self-certify whether you already have, or can commit to obtain, prior to the commencement of the contract, the levels of insurance cover indicated below: Y/N
Employer’s (Compulsory) Liability Insurance = £5m
Public Liability Insurance = £5m
Please provide details of any additional insurance held.
*It is a legal requirement that all companies hold Employer’s (Compulsory) Liability Insurance of £5 million as a minimum. Please note this requirement is not applicable to Sole Traders.
Annex C Mandatory Exclusion Grounds Public Contract Regulations 2015 R57(1), (2) and (3) Public Contract Directives 2014/24/EU Article 57(1) Participation in a criminal organisation
Participation offence as defined by section 45 of the Serious Crime Act 2015 Conspiracy within the meaning of
● section 1 or 1A of the Criminal Law Act 1977 or ● article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime;
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Corruption Corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906; The common law offence of bribery; Bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010, or section 113 of the Representation of the People Act 1983; Fraud Any of the following offences, where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities:
● the common law offence of cheating the Revenue; ● the common law offence of conspiracy to defraud; ● fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978; ● fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006; ● fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994; ● an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993; ● destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969; ● fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; ● the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act;
Terrorist offences or offences linked to terrorist activities Any offence:
● listed in section 41 of the Counter Terrorism Act 2008; ● listed in schedule 2 to that Act where the court has determined that there is a terrorist connection; ● under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points;
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Money laundering or terrorist financing Money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002 An offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996 Child labour and other forms of trafficking human beings
An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004; An offence under section 59A of the Sexual Offences Act 2003 An offence under section 71 of the Coroners and Justice Act 2009; An offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994 An offence under section 2 or section 4 of the Modern Slavery Act 2015 Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision. Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of: ● HMRC successfully challenging the potential supplier under the General Anti – Abuse Rule (GAAR) or the “Halifax” abuse principle; or ● a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or “Halifax” abuse principle; ● a failure to notify, or failure of an avoidance scheme which the supplier is or was involved in, under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established
Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England, Wales and Northern Ireland Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England, Wales or Northern Ireland
Discretionary exclusions
Obligations in the field of environment, social and labour law. Where an organisation has violated applicable obligations in the fields of environmental, social and labour law established by EU law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time; including the following:-
Page 41 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT NORTHERN LIGHTHOUSE BOARD
● Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcement/remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years. ● In the last three years, where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK), on grounds of alleged unlawful discrimination. ● In the last three years, where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal, an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK). ● Where the organisation has been in breach of section 15 of the Immigration, Asylum, and Nationality Act 2006; ● Where the organisation has a conviction under section 21 of the Immigration, Asylum, and Nationality Act 2006; ● Where the organisation has been in breach of the National Minimum Wage Act 1998.
Bankruptcy, insolvency Bankrupt or is the subject of insolvency or winding-up proceedings, where the organisation’s assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State; Grave professional misconduct Guilty of grave professional misconduct Distortion of competition Entered into agreements with other economic operators aimed at distorting competition Conflict of interest Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure Been involved in the preparation of the procurement procedure. Prior performance issues Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions. Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure, or to negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award.
Page 42 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT NORTHERN LIGHTHOUSE BOARD
Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions. ANNEX X Extract from Public Procurement Directive 2014/24/EU
LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) — ● ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise; ● ILO Convention 98 on the Right to Organise and Collective Bargaining; ● ILO Convention 29 on Forced Labour; ● ILO Convention 105 on the Abolition of Forced Labour; ● ILO Convention 138 on Minimum Age; ● ILO Convention 111 on Discrimination (Employment and Occupation); ● ILO Convention 100 on Equal Remuneration; ● ILO Convention 182 on Worst Forms of Child Labour; ● Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer; ● Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention); ● Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention) ● Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEP/FAO) (The PIC Convention) Rotterdam, 10 September 1998, and its 3 regional Protocols.
Consequences of misrepresentation A serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation:-
● The potential supplier may be excluded from bidding for contracts for three years, under regulation 57(8)(h)(i) of the PCR 2015; ● The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967. ● If fraud, or fraudulent intent, can be proved, the potential suppliers ● ier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s.2 of the Fraud Act 2006, which can carry a sentence of up to 10 years or a fine (or both). ● If there is a conviction, then the company must be excluded from procurement for five years under reg. 57(1) of the PCR (subject to self-cleaning).
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8. Annex I Pricing Schedule Please complete the following schedule detailing any other appropriate information. Please ensure the pricing provided details all costs that may be associated with this contract, NLB will not be liable for any costs that are not identified within your tender submission. All requirements referred to are indicative estimates of requirements only and NLB make no commitment to the actual requirements that will form part of any contract
No Description Large Site Medium Site Small Site (Barra Head (Little Ross (Scarinish Lighthouse ) Lighthouse) Lighthouse) Provision to attend site as directed Cost Each £ Excl. Cost Each £ Excl. Cost Each £ Excl. by the NLB’s Representative to Vat Vat Vat provide the below services and report finding back to the Board’s. 1 Asbestos Surveys – Management Surveys Asbestos Surveys – Refurbishment & Demolition Surveys 2 Asbestos Testing(including one sample & analysis report) Additional Samples (including analysis –per sample ) 3 Air Quality Monitoring (including analysis) Fibre Counting Monitoring (including analysis) Clearance Testing Monitoring (including analysis)
Cost £ Excl. Vat Comments 4 Optional Costs – In the event of arranging own travel to site. Travel & Subsistence (per hour) Mileage Rate per Mile Over Night Allowance
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Accommodation
Signed ………………………………………………………..
Date …………………………………………………………
Name(in Block Capitals)…………………………………….. Position……………………………………………………… For and on Behalf of (In Block Capitals) ……………………………………………………………….
Pricing will be fixed until: ………………………………….
Delivery Period:………………12 Months ………… (from date Purchase Order is issued) Position……………………………………………………… For and on Behalf of (In Block Capitals)
Email …………………………………………………………
Page 45 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT Grounds for Disqualification
Some of the grounds on which your tender may be disqualified are set out below. These include but are not limited to:
Incomplete Tender submission – this includes not providing all the information requested, not returning the correct documents, insufficient information provided and failure to sign the documents within the ITT. Late submission of Tender – not received by tender deadline Incorrect, or changes to, information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise Undeclared collusion with other companies – the form at Page 35 must be fully completed. If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender. Failure to follow instructions given in the ITT. Conflict of Interest – either declared or undeclared. Canvassing any employee, agent, Board Member or other official of NLB and the NLBs whether directly or indirectly. Anti-competitive practice Obtaining a Fail with regards to the CDM Questionnaire Form 3.02.01 and/or failure to return the completed form Discrimination – breaches of legislation or NLB policy Question 2 – Tenderer Information Schedule, Grounds for Mandatory Exclusion Annex II
9. INSTRUCTIONS TO TENDERERS
Confidentiality of Tenders 1.1. Please note the following requirements, any breach of which will invalidate your Tender:-
1.2. You must not tell anyone else, even approximately, what your tender price is or will be, before the date of contract award. The only exception is if you need an insurance quotation to calculate your tender price: you may give your insurance company or brokers any essential information they ask for, so long as you do so in strict confidence.
1.3. You must not try to obtain any information about anyone else’s tender or proposed tender before the date of contract award. If you do obtain any information about someone else’s tender, you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information.
1.4. You must not make any arrangements with anyone else about whether or not they should tender; or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids, which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response.
1.5. Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority.
1.6. The Declaration of Non Collusion must be completed and returned with your tender. If your tender is successful this declaration will form part of the contract.
1.7. You must ensure that all of your employees, officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it.
1.8. By submitting a tender in response to the Invitation to Tender, you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you. The undertakings will survive for a period of 5 years from the date of submission of your tender.
2. Trading Names/Invoicing Where invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted, full details must be provided in a letter accompanying the tender. Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account.
3. Specification of Standards Where reference is made to a British or other approved standard, an alternative, but similar, product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety, suitability and fitness for purpose.
4. Framework/Call-off Contracts If the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract, all orders under the contract will be placed by means of NLB’s official order forms, examples of which will be supplied to selected tenderers. No other ordering procedures will be valid.
5. Form of Tender The Form of Tender and Price Schedules must be completed, signed and submitted in accordance with these Instructions. All documents connected with the tender must be completed in English, fully priced and totalled. The documents should either be typed or completed in ink. There should be no UNAUTHORISED alterations or additions to any component of the tender documents. Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them. All alterations must be initialled. In completing the above reference should be made to the Additional Information requirements at paragraph 17. 6. Group Bidders In the event of a group of service providers, suppliers or contractors submitting an acceptable offer, the group will be required to nominate a lead partner with whom NLB can contract. Alternatively the group will need to form themselves into a single legal entry before the contract is awarded. An undertaking that the group will so form themselves, if required by the NLB, must be provided when the tender is submitted.
7. Qualifications Tenders must be submitted in accordance with the tender documents. NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed. 8. Incomplete Tenders NLB may not consider tenders which do not contain all information and particulars requested. 9. Delivery Date Where the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract, and / or at an increased rate of delivery, such earlier date and / or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract.
10. Alternative Tender(s) Alternative tender(s) may be offered involving modifications to the specified requirements, but will only be considered if accompanied by a tender based strictly on the tender documents. Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender. Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated. Any such approval will be treated in confidence. Any alternative tender involving modifications to the specified requirements will be assessed on its merits and, if considered valid, may be accepted without resource to re-tendering. 11. Price All unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound. There is no restriction on the number of decimal places, but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence. Unless the Conditions of Contract allow otherwise, the prices quoted shall be Firm throughout the period of the contract. 12. Value Added Tax (VAT) Tendered prices must exclude VAT. Where indicated VAT should be shown separately. Invoices must show VAT separately. 13. Submission of Tenders Tenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline. NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason. It is recommended that tenders be sent by registered post; recorded delivery or courier service; Datapost or delivered by hand. The envelope, including the franking, and any associated paperwork delivered with the tender envelope must not identify the sender. two (2) original copy of your tender must be submitted. 14.Tender Validity Tender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB.
15. Right to Accept Portion of Tender; Lowest or Any Tender Unless stipulated by the Tenderer NLB reserves the right to accept any part of the tender. NLB is not bound to accept the lowest or any tender or part thereof.
16. Terms of Payment NLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents. 17. Additional Information to be Included in Tender Proposals The proposals should cover where appropriate:- Sub-contract work intended to be placed with other bodies, which would not be signatories to the main contract. Details of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies. If ISO 9000 is quoted then details of which part or parts are held should be quoted. Brief details of the company, including the number of staff employed in the UK and overseas. The place of manufacture should be recorded either as “UNITED KINGDOM”, “EC” OR “OTHER OVERSEAS” as indicated on the Form Of Tender (paragraph 5). EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of the offer price in the tender. Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage, Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries. In all other cases “OTHER OVERSEAS” is correct. VAT and customs duties should be excluded from the calculation. The calculation should take into account the place of manufacture of components; each assessed on the same basis, to the extent that this is practicable. If the CIF value at the port of entry is not known, reasonable steps should be taken to estimate it.
Annex III
10. DECLARATION OF NON-COLLUSION* 1. The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services, intended to be competitive, and that this offer of services has not been affected by any arrangement or agreement with any other person(s), firm(s) or company/(ies). The Tenderer certifies that it has not (nor has any employee, agent, officer or representative of the Supplier), at any time prior to the time and date set for return of this tender:
1.1. communicated to any third party/(ies) (nor will it or any employee, agent, officer or representative of the Supplier) communicate to any third party between the time of the Tenderer’s submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tenderer’s offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses, service and service delivery elements, personnel, data, know how, trade secrets, prices and/or pricing structure, except where such disclosure was necessary to obtain insurance cover or sureties to support the offer;
1.2. entered into any agreement, formal or informal, with any third party, whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender, or to collude as to the nature of the offer to be submitted;
1.3. offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way; nor will it make or offer any such inducements.
2. The Tenderer declares that the services offered are/are not* affected by any prospect of a subsidy or other assistance from government or other public authority.
2.1. Details of subsidy or other assistance from government or other public authority are as follows+; * delete as appropriate + provide details of scheme, source of funds and amount
2.2. The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law.
3. The Tenderer confirms that it has not acted in any way, which is, or could reasonably be regarded as, in restraint of free competitive bidding in respect of the Tenderer’s response to the Invitation to Tender.
4. The Tenderer shall ensure that its employees, agents, officers and representatives are made aware of the nature of this declaration and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it.
5. The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due, careful and diligent enquiry in respect of the responses contained herein.
6. This declaration shall be governed in all respects and construed in accordance with Scots Law.
Organisation’s name
Signed
Position Date
Annex IV
11. FORM OF TENDER 1. I have read the documents listed below and, subject to and upon the terms and conditions contained in the said documents, I offer to supply the Services specified, at the prices quoted by me in the Pricing Schedule
Total Contract Price £ (Excluding VAT, using indicative quantities)
Pricing Fixed until:
2. I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since), that I have read, understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB).
Invitation to Tender package including: Invitation to Tender Letter Description of Services Standard Selection Questionnaire Declaration of non-collusion* Grounds for Disqualification Annex I Pricing Schedule Annex II Instructions to Tender Annex III. Declaration of Non-Collusion Annex IV. Form of Tender Annex V. Evaluation Matrix Annex VI. CDM Questionnaire in GLA HSS FORM 3.02.01 Questionnaire for Principal Contractors Annex VII Terms & Conditions for the Purchase of Services Annex VIII Tender Label Freedom of information Act Statement 2000
3. I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender, shall not be applicable to the Contract. 4. GOVERNING LAW. I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts. 5. I have abided by the Confidentiality requirements set out in the tender document. 6. The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline. 7. I understand that any goods, materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items. 8. I will not hasten progress of this tender and will await contact from NLB as to progress. 9. I have provided all the information required and our tender submission is complete and accurate. 10. I understand the tender evaluation exercise may require participation, site visits or other actions deemed necessary by NLB and I am happy to participate. 11. I/we confirm that we have taken account of our legal and statutory obligations, as well as all relevant Government codes and policies (e.g. taxes, environmental protection, employment protection and working conditions) in our tender, where they would be applicable to the supply of the Good or Services. 12. To help Government develop its procurement policy in respect of small businesses, the Department needs to gather information about the size of the organisations we invite to tender. Please tick one of the following boxes:
Please tick here if your organisation has between 1 and 50 employees
Please tick here if your organisation has between 51 and 249 employees
Please tick here if your organisation has 250 or more employees
In addition:
Please tick here if your organisation is a registered company
13. I/we confirm that all copy material submitted is identical in every respect to the original, regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch. Signed………………………………………………… In the capacity of
………………………………………………………... duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS) ……………………………………………………………
Address ……………………………………………..
……………………………………………..
……………………………………………..
Postcode ……………………………………………..
Tel No. ……………………………………………..
Fax No. ……………………………………………..
Email ……………………………………………..
Website ……………………………………………..
Date …………………………………………….. * delete as appropriate Annex V
12. TENDER EVALUATION MATRIX Evaluation Marking
The evaluation panel will review and mark each tender submitted using a range of 0 to 10. The representative score will be chosen from the full range 0-10 taking the following into consideration:- Scoring ranges 0 to 2 Non-Compliant, unacceptable, no information 3 and 4 Fair but below acceptable 5 and 6 Acceptable, appropriate, average 7 to 9 Good, above average 10 Excellent, fully compliant Prior to commencing the tender evaluation marking, each tender received will be considered against the following rejection criteria, where grounds are established tenders will be rejected and the Tenderer advised accordingly. Each member of the tender evaluation panel will be asked to declare all interests
Grounds for Rejection Mark as appropriate and provide detail of rejection reasons Incomplete Tender submission – this includes not providing all the information requested, not returning the correct documents, insufficient information provided and failure to sign the documents within the ITT. Late submission of Tender – not received by tender deadline Incorrect, or changes to, information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise Undeclared collusion including but not limited to collusion with other companies – the form at Annex IV must be fully completed. If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender. Failure to follow instructions given in the ITT. Conflict of Interest – either declared or undeclared. Canvassing any employee, agent, Board Member or other official of NLB whether directly or indirectly. Collusive Tendering – as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination – breaches of legislation or NLB policy Bribery or corruption Details of other issues identified
INVITATION TO TENDER FOR THE PROVISION OF ASBESTOS TESTING & REPORTS SERVICES
REFERENCE: ENMA/ASBE/1352
Tender Evaluation Matrix Candidate: Assessor: Date:
Criteria for Relevant ITT Weighted Weight Score (1-10) Comments Evaluation Sections Score
PROJECT COST 45% Service Rates 25
Asbestos Reports & Associated 20 Services Cost Acceptance of Contract terms Yes/No All tender docs completed Yes/No
All Tenderers shall complete the attached CDM Questionnaire in full. (Inter GLA HSS Pass/Fail FORM 3.02.01 Questionnaire for Principal Contractors) Questionnaire for Principal Contractors
All contractors shall complete the enclosed CDM Questionnaire in full (Inter GLA HSS Form 3.02.01 Questionnaire for Principal Pass/Fail Contractors/Contractors). (Annex VII)
Applications failing the evaluation of the CDM Questionnaire will not be considered for Tender Award CAPABILITY & PROJECT INFORMATION 55% Covering Statement on how this 15 contract will be managed and conducted considered all aspects of this service Professional Accreditations/ 5 Certification Examples of Asbestos Reports – 5 Management Survey & Refurbishment & Demolition Survey Provide details of 12 experience/similar works carried out Provide a list of staffs appointed 18 to conduct this service, Including experience of similar asbestos project and staff CV’s Information provided in the Tenderer information schedule Yes/No and the Standard Selection Questionnaire Total
Completed by Date Annex VI
HEALTH, SAFETY & ENVIRONMENTAL QUESTIONNAIRE FOR CDM DUTY HOLDERS
PROJECT TITLE / PROJECT CODE-:- ______COMPANY NAME:- ______SIGNATURE OF PERSON SUBMITTING THE EVIDENCE:- ______DATE OF SUBMISSION:- ______
Notes:- 1) Stage One Competence Checks Within the Northern Lighthouse Board (NLB) Duty Holders tendering for work are invited to demonstrate that they have suitable knowledge, training and experience that deem them competent to fulfil and undertake the relevant role/s. Duty Holders are required to submit evidence as scheduled in column 3 of the following tables. This does not require the full submission of the company documented safety management system but does require the submission of documentary evidence in the form of examples of procedures, arrangements, checklists etc for each of sections 1 – 13 of the competence table. The submitting company should list the evidence submitted in column 4 of this table by inserting the title of the document or schedule submitted. Any company failing to meet the overall requirements of this assessment through not providing the requested information will result in the company not being successful when tendering for this project. The standard of assessment of the information will be either a pass or fail.
2) Stage Two Competence Checks Duty Holders who are successful and have progressed to the Stage Two Competence Checks will then also be assessed on the basis of their work experience relevant to the project being tendered for and the references that have been provided may be contacted or a request made to review previous completed work.
3) Where this Questionnaire has been issued and responded to within the past two years there will be no need to re-submit a further Questionnaire as reference will be made to the previously submitted criteria. However, where changes to the evidence submitted has occurred this should be made known to the NLB at the time of submission. The date of submission of the original evidence should be entered in the evidence column. The Client is responsible at the checking stage for validating the data. 4) For ‘Term Contractors’ this Questionnaire need only be completed once for the period and term of the contract. On expiry of the contract another Questionnaire must be completed and submitted with up to date information. A period of two years must not be exceeded without performance being re-assessed and a new Questionnaire being requiring to be completed.
Stage One Competence Checks 1. CRITERIA 2. STANDARD TO BE ACHIEVED 3. EVIDENCE REQUIRED 4. REFERENCE TO EVIDENCE ASSESSMENT SUBMITTED 1) Health and Safety You are expected to have and will have 1) A signed current copy of the 1) Policy and implemented an appropriate policy that is company H&S policy organisation for regularly reviewed and signed of by the statement. Health and Safety managing director or equivalent. The policy must be relevant to the nature and scale of 2) A current copy of your 2) your work activities. It must set out the arrangements that define responsibilities for H&S management at all your organisational levels within the organisation. responsibilities for management of H&S within your organisation.
2) Arrangements You should have documented procedures 1) A clear explanation of the 1) that set out the arrangements for H&S arrangements for putting your management and should be relevant to the policy into effect and for nature and scale of the work. They should discharging the relevant duties set out how your company will discharge under CDM. their duties under CDM, with a clear indication of how these arrangements are communicated to the workforce. 3) Competent advice The company and its employees must have 1) The name of your source for 1) – company and ready access to competent H&S advice, competent advice required construction/secto preferably from within the company. The under regulation 7 of the r related advisor must be able to provide general Management of H&S at H&S advice, and also (from the same Work Regulations. source or elsewhere) advice relating to 2) Competency details of the 2) construction H&S issues. named person or organisation, i.e. qualifications, knowledge, experience relevant to the nature and scale of your works; 3) An example from the last 12 3) months of advice given and the actions taken. 4) Training and Have in place, and have implemented, 1) Evidence of a H&S training 1) information training arrangements to ensure employees culture including records, have the skills and understanding certificates of attendance necessary to discharge their various duties. and adequate H&S induction Operate a programme of refresher training training for site-based that will keep employees updated on workforce. legislation and good H&S practice. This 2) Evidence of an active 2) applies throughout the company – from top retraining programme. management to trainees. 3) Sample ‘tool box talks’. 3)
1. CRITERIA 2. STANDARD TO BE ACHIEVED 3. EVIDENCE REQUIRED 4. REFERENCE TO EVIDENCE SUBMITTED 5) Individual Employees are expected to have the 1) Details of qualifications and/or 1) qualifications and appropriate qualifications and experience experience of specific experience for the assigned tasks, unless they are corporate post holders (e.g. under controlled and competent board members, H&S supervision. advisor). 2) Other key roles should be 2) identified and details of relevant qualification and experience provided. 3) Details of those involved who 3) have passed a construction H&S assessment (e.g. CITB Construction Skills test or affiliated scheme such as the ECS card/Skillcard, CCNSG or recognised equivalent). 4) For site managers, any 4) specific training for professionals, qualifications and/or professional institution membership i.e APS and ongoing Continual Professional Development for staff. 5) For site workers, relevant 5) training such as S/NVQ certificates. 6) Evidence of a company-based 6) training programme suitable for the work to be carried out. 6) Monitoring, audit Have a system for monitoring procedures, 1) Formal audit, inspection or 1) and review for auditing them at periodic intervals, and discussions/reports to senior for reviewing them on an ongoing basis. managers. 2) Evidence of recent monitoring 2) and management response. 3) Copies of site inspection 3) reports. 7) Workforce Have, and implement an established 1) Evidence showing how 1) involvement means of consulting with the workforce on consultation is carried out. H&S. 2) Records of H&S 2) meetings/committees
3) Names of appointed safety 3) representatives (trades union or other)
1. CRITERIA 2. STANDARD TO BE ACHIEVED 3. EVIDENCE REQUIRED 4. REFERENCE TO EVIDENCE SUBMITTED 8) Accident You must have in place arrangements for the 1) Evidence showing how 1) reporting and recording of all RIDDOR-reportable events. A accidents and incidents are enforcement system for reviewing incidents, and recording recorded and investigated. action; follow the action taken as a result. A system for up investigation recording any enforcement (health, safety, 2) Records of last two 2) environmental or other similar type) action accidents/incidents and action taken against the company in the last five taken to prevent recurrence. years, and the action taken to remedy any matters subject to enforcement action. 3) Records of any enforcement 3) action taken over the last five years, and what action was taken to put things right.
4) For larger companies, simple 4) figures showing incidence rates or major injuries, over the last three years. 5) Records should include any 5) incidents that occurred whilst the company traded under a different name, and any incidents that occur to direct employees or ‘labour only’ subcontractors. 6) Where no incidents have 6) occurred a statement or copy of the arrangements that will apply should incidents occur. 9) Subcontracting Arrangements should be in place for 1) Evidence showing how 1) / consulting appointing competent subcontractors are assessed procedures subcontractors/consultants. You should be as competent. (if applicable) able to demonstrate how to ensure that sub 2) Examples of subcontractor 2) contractors will also have arrangements for assessments carried out. appointing competent subcontractors or 3) Evidence showing how a 3) consultants. Arrangements for monitoring similar standard of subcontractor performance should be in competence assessment from place. sub-contractors is obtained. 4) Evidence showing how 4) subcontractor performance is monitored.
1. CRITERIA 2. STANDARD TO BE ACHIEVED 3. EVIDENCE REQUIRED 4. REFERENCE TO EVIDENCE SUBMITTED 10)Risk Have procedures in place for carrying out risk 1) Evidence showing how the 1) assessment assessments and for developing and company will identify leading to a implementing safe systems of work/method significant health & safety safe method of statements. risks and how they will be work controlled.
2) Sample risk 2) assessments/safe systems of work/method statements. (This will depend upon the nature of the work, but must reflect the importance of any health issues.) 11)Co-operating Have in place arrangements that Illustrate 1) Evidence could include 1) with others and how co-operation, co-ordination and sample risk assessments, co-ordinating communication of the work is achieved in procedural arrangements, work with other practice for Designers, and for Principal project team meeting notes Designers Contractors or Contractors how the workforce and actual examples rather and/or is involved in preparing method statements than by generic procedures. Contractors and risk assessments. 2) Evidence of how the 2) company co-ordinates its work with other trades. Section 12 to be completed by Principal Designers and Designers 12)Hazard You should have, and implement, 1) Evidence showing how you 1) elimination and arrangements for meeting your duties as ensure co-operation and co- risk control Designers under CDM. ordination of design work within the design team and with other designers. 2) Evidence showing how you 2) ensure that hazards are eliminated and any remaining risks controlled. 3) Evidence showing how you 3) ensure that any structure which will be used as a workplace will meet relevant requirements if the Workplace (Health, Safety and Welfare) Regulations 1992. 4) Examples showing how risk 4) was reduced through design. 5) A short summary of how 5) changes to designs will be managed. (Note: The emphasis here should be on practical measures which reduce particular risks arising from the design, not on lengthy procedural documentation highlighting generic risk)
Section 13 to be completed by Principal Contractors and (if applicable) Contractors 13)Welfare Have in place arrangements for the provision 1) Evidence of contracts 1) provision of the appropriate welfare facilities and how with welfare facility providers. they will be in place before construction work on site commences. 2) Evidence of welfare 2) layouts on site plans.
3) Documented procedures 3) for the procurement of welfare facilities.
Stage Two Competence Checks (To be completed by all CDM Duty Holders tendering for work) 1. CRITERIA 2. STANDARD TO BE ACHIEVED 3. EVIDENCE REQUIRED 4. REFERENCE TO EVIDENCE SUBMITTED 14)Work An ability to demonstrate work on projects of 1) A simple record of recent 1) experience similar categories particularly with respect to projects/contracts with the field of work in which you are applying for contact details for those who work can verify that work was carried out with due regard to H&S.
2) This should demonstrate 2) capability for dealing with key H&S issues arising form the work being applied for.
3) Where there are 3) significant shortfalls in previous experience, or risks associated with the project that the company has not managed before, an explanation of how these will be overcome shall be included. NLB OFFICE USE ONLY
CONTRACTOR COMPLIANCE CHECK SHEET
CRITERIA EVIDENCE CRITERIA EVIDENCE CRITERIA EVIDENCE CRITERIA EVIDENCE REF WITNESSED REF WITNESSED REF WITNESSED REF WITNESSED 1/1 YES NO 6/1 YES NO 10/1 YES NO STAGE 2 YES NO 1/2 YES NO 6/2 YES NO 10/2 YES NO 14/1 YES NO 2/1 YES NO 6/3 YES NO 11/1 YES NO 14/2 YES NO 3/1 YES NO 7/1 YES NO 11/2 YES NO 14/3 YES NO 3/2 YES NO 7/2 YES NO 12/1 YES NO 3/3 YES NO 7/3 YES NO 12/2 YES NO 4/1 YES NO 8/1 YES NO 12/3 YES NO 4/2 YES NO 8/2 YES NO 12/4 YES NO 4/3 YES NO 8/3 YES NO 12/5 YES NO 5/1 YES NO 8/4 YES NO 13/1 YES NO 5/2 YES NO 8/5 YES NO 13/2 YES NO 5/3 YES NO 8/6 YES NO 13/3 YES NO 5/4 YES NO 9/1 YES NO 5/5 YES NO 9/2 YES NO 5/6 YES NO 9/3 YES NO 9/4 YES NO
CHECKED BY:-______
DATE CHECKED:-______Annex VII
13. CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICES These conditions may be varied only by the written agreement of the Purchaser. No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless specifically agreed in writing by the Purchaser PLEASE NOTE:
THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 28.11; 28.12; 40; 41; 42; 43; 48; 45.2 AND SCHEDULE 2.5 (HEREINAFTER REFERRED TO AS THE “MANDATORY OGC MODEL AGREEMENT CLAUSES”) WHICH ARE AVAILABLE ON THE PURCHASER’S BUYER PROFILE AT http://nlb.g2b.info HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT.
ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE “AUTHORITY” IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN.
IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT, THE FORMER WILL PREVAIL. 1 DEFINITIONS In these conditions:
“Conditions” mean the terms and conditions set out in this document as amended, novated, restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order;
“Contract” means the contract between the Purchaser and the Supplier consisting of the Purchase Order, , the Mandatory OGC Model Agreement Clauses, quote or tender accepted by the Purchaser, these Conditions and any other documents (or parts thereof) specified in such Purchase Order, tender or quote and any Schedules annexed;
“Premises” mean the location where the Services are to be performed, as specified in the Contract or Purchase Order;
“ Purchase Order” means the document setting out the Purchaser’s requirements for the Contract;
“ Purchaser” means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board), a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street, Edinburgh;
“Services” mean the services to be provided as specified by the Purchaser in the Purchase Order and shall, where the context so admits, include any materials, articles and goods to be supplied thereunder;
Page 66 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT “Supplier” means the person, firm or company to whom the Contract is issued.
2 THE SERVICES 2.1 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser, or any written order of the Purchaser which is accepted by the Supplier, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 The Supplier shall perform the Services with reasonable skill, care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto.
2.3 The Services shall conform in all respects with the requirements of any statutes, orders, regulations or bye-laws from time to time in force.
2.4 In all circumstances, the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract.
3 DELIVERY 3.1 The Services shall be provided at the Premises or such other location as specified by the Purchaser. Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees, servants, agents or sub- contractors.
3.2 Where any access to the Premises is necessary in connection with performance of the Services, the Supplier and any employees, servants, agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaser’s security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality, others working and neighbours of such Premises.
3.3 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services and/or cancel
Page 67 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT all or part of the Contract therefor, in either case without prejudice to its other rights and remedies.
4 CHANGE TO CONTRACT REQUIREMENTS 4.1 The Purchaser may order any variation to any part of the Services that for any other reason shall, in its opinion, be desirable. Any such variation may include (but shall not be restricted to) additions, omissions, alterations, substitutions to the Services and changes in quality, form, character, kind, timing, method or sequence of the Services.
4.2 Save as otherwise provided herein, no variation of the Services as provided for in Condition 4.1 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser. All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally, in the first instance, the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser, failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period.
4.3 Where any such variation of the Services made in accordance with Condition 4.1 and 4.2 has affected or may affect the costs incurred by the Supplier in providing the Services, the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser, who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion, appropriate and reasonable in the circumstances.
5 INSPECTION OF PREMISES AND NATURE OF SERVICES 5.1 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises.
5.2 The Purchaser shall, at the request of the Supplier, grant such access as may be reasonable for this purpose.
6 SUPPLIERS STATUS 6.1 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser. Accordingly:
Page 68 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT 6.1.1 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser; and
6.1.2 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser, its staff or agents.
7 SUPPLIER’S PERSONNEL 7.1 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises. If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract, the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered.
7.2 If and when instructed by the Purchaser, the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them, specifying the capacities in which they are so concerned, and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require.
7.3 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive.
7.4 The Supplier shall bear the cost of any notice, instruction or decision of the Purchaser under this Condition.
8 MANNER OF CARRYING OUT THE SERVICES 8.1 The Supplier shall make no delivery of materials, plant or other things nor commence any work on the Premises without obtaining the Purchaser’s prior written consent.
8.2 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others. The Supplier shall co-operate with such others as the Purchaser may
Page 69 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT reasonably require and in accordance with all health and safety laws and regulations.
8.3 The Purchaser shall have the power at any time during the progress of the Services to order in writing:
8.3.1 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous, noxious or harmful to health or the environment or not in accordance with the Contract, and/or
8.3.2 the substitution of proper and suitable materials, and/or
8.3.3 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which, in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract.
8.4 On completion of the Services, the Supplier shall remove its plant, equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition.
9 TIME OF PERFORMANCE The Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable). Time is of the essence of the Contract. The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide. In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require.
10PAYMENT 10.1 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services.
10.2 Unless otherwise stated in the Contract, payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears, for work completed to the satisfaction of the Purchaser.
10.3 Value Added Tax, where applicable, shall be shown separately on all invoices as a strictly net extra charge.
11FREE-ISSUE MATERIALS
Page 70 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT Where the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser. The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract. The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct, complying where applicable, at its own cost, with any waste legislation, order, directive or regulations or policy including those referred to in clause 19.2. Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants, agents or sub-contractors shall be made good at the Supplier’s expense. Without prejudice to any other of the rights of the Purchaser, the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand.
12AUDIT The Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis. The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract.
13CORRUPT GIFTS OR PAYMENTS The Supplier shall not offer to give, or agree to give, to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing, any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract. The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time.
14PATENTS, INFORMATION AND COPYRIGHT 14.1 It shall be a condition of the Contract that, except to the extent the Services incorporate designs furnished by the Purchaser, that nothing done by the Supplier in the performance of the Services shall infringe any patent, trade mark, registered design, copyright or other right in the nature of industrial or intellectual property of any third party, and the Supplier shall indemnify the Purchaser against all actions, claims, demands, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition.
Page 71 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT 14.2 All rights (including ownership and copyright) in any reports, documents, specifications, instruction, plans, drawings, patents, models or designs, whether in writing or on magnetic or other media:
14.2.1 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser;
14.2.2 prepared by or for the Supplier for use, or intended use, in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser;
and (without prejudice to Condition 17.2) the Supplier shall not and shall procure that its employees, servants, sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract), without the prior written consent of the Purchaser, use or disclose any such reports, documents, specifications, instructions, plans, drawings, patents, models, designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract, except information which is in the public domain otherwise than by reason of a breach of this provision, and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaser’s prior written consent.
14.3 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising.
14.4 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplier’s account. The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaser’s own business interests. Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaser’s business. If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaser’s Data Protection Policy, the Supplier should write to the Data Protection Officer, Northern Lighthouse Board, 84 George Street, Edinburgh EH2 3DA.
15INDEMNITY AND INSURANCE 15.1 Without prejudice to any right or remedies of the Purchaser, the Supplier shall indemnify the Purchaser against all actions, liabilities, suits, claims, damages, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or
Page 72 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT indirectly from any breach of the Contract by the Supplier, any negligent or wilful act or omission of the Supplier, or any defect in the Services.
15.2 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser), the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser.
15.3 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises:
15.3.1 employer’s liability insurance in accordance with any legal requirements for the time being, and
15.3.2 public liability insurance for not less that £5 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing, and in such sum and range of cover as the Supplier deems to be appropriate from time to time, but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions.
15.4 The policy or policies of insurance referred to in Condition 15.3 shall be exhibited to the Purchaser whenever requested, together with satisfactory evidence of payment of premiums.
16 DISCRIMINATION 16.1 In relation to the Contract, the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976, the Sex Discrimination Act 1975, the Disability Discrimination Act 1995, the Equality Act 2006, the Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010. The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants, employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract.
16.2 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaser’s (i) Code of Respect; and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants, employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplier’s obligations under the Contract shall comply with the provisions and the spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents.
Page 73 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT 17CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION 17.1 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989.
17.2 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose, any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision.
17.3 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the “FoIA”).
17.4 The parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FoIA, the content of the Contract is not Confidential Information. The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA. Notwithstanding any other term of the Contract, the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety, (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract, to the general public. The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion. The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract.
17.5 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure, including without limitation, (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA; and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract; or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information: (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification; and/or (b) which constitutes a trade secret.
Page 74 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT 17.6 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation, statute, order, directive, regulation or government policy on the disclosure of information regarding government contracts. This disclosure may include the number of tenders received, the identity of the successful tenderer, the winning contract price, the specification of goods or services to be supplied, terms and conditions of contract, quality and performance standards, and subsequent performance against those quality and performance standards.
17.7 The Purchaser may seek and obtain references about the Supplier from banks, existing or past clients, or other referees proposed by the Supplier.
17.8 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants, employees, agents or sub- contractors (including without limitation immediately providing the Purchaser with details of the Supplier’s policies, procedures, systems and measures pertaining to the protection of its own information technology when so requested).
17.9 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising.
18 TERMINATION 18.1 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events:
18.1.1 where the Supplier is an individual and if a petition is presented for the Supplier’s bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier, or he is apparently insolvent, or he makes any composition or arrangement with or for the benefit of creditors, or makes any conveyance or assignation for the benefit of creditors, or if an administrator or trustee is appointed to manage his affairs; or
18.1.2 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity, if any event in 18.1.1 or 18.1.3 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company; or
Page 75 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT 18.1.3 where the Supplier is a company, if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order, or the company makes a composition or arrangement with its creditors, or an administrator, administrative receiver, receiver or manager is appointed by a creditor or by the court, or possession is taken of any of its property under the terms of a fixed or floating charge.
18.1.4 the Supplier ceases or threatens to cease to carry out the Services.
18.1.5 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder;
18.1.6 the Purchaser reasonably apprehends that any of the events contained in this Condition 18.1 is about to occur in relation to the Contract and notifies the Supplier accordingly.
18.2 On the occurrence of any of the events described in Condition 18.1 or, if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or, where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 and/or the Adults with Incapacity (Scotland) Act 2000, the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect. Thereafter and without prejudice to any other of its rights, the Purchaser may complete the Services or have them completed by a third party, using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials, plant and equipment on the Premises belonging to the Supplier, and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract, and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaser’s own costs). If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier, the difference shall be recoverable by the Purchaser from the Supplier.
18.3 In addition to its rights of termination under Condition 18.1 and 18.2, the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect.
Page 76 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT 18.4 Termination under paragraphs 18.1, 18.2 or 18.3 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17.
19 HEALTH & SAFETY AND ENVIRONMENT 19.1 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments, orders, or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007, the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended, updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser, whether specifically or generally. The Supplier shall indemnify the Purchaser against all liability, actions, suits, claims, damages, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph.
19.2 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 2002/96/EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007; The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No. 541); The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No.172) and Directive 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended, updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance.
20 RECOVERY OF SUMS DUE Wherever under the Contract any sum of money is recoverable from or payable by the Supplier, that sum may be deducted from any sum then due, or which at any later time may become due, by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier.
21ASSIGNATION AND SUB-CONTRACTING
Page 77 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT 21.1 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser. Sub-contracting any part of the Contract, shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions.
21.2 Where the Purchaser has consented to the placing of sub-contracts, copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued.
22 NOTICES Any notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day, or if not a business day, then on the next occurring business day thereafter.
23 ARBITRATION 23.1 All disputes, differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract, other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive, and except to the extent to which special provision for arbitration is made elsewhere in the Contract, shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement, nominated by the President of the Law Society of Scotland for the time being on the application of either party. Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010.
23.2 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010.
24 HEADINGS & MISCELLANEOUS 24.1 The headings to these Conditions shall not affect their interpretation.
24.2 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective.
24.3 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision.
Page 78 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT 24.4 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
24 TUPE With respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “Regulations”) on the termination of the Contract by whatever means, the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract.
25 GOVERNING LAW These Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts. The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not.
SUPPLEMENTARY NOTICE
PROMPT PAYMENT
The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890. Any comments on our performance in this area should be directed to Mr R Lanni, Finance Manager, NLB 84 George Street, Edinburgh EH2 3DA.
This notice does not form part of the
Page 79 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT Contract.
Version 9 1 April 2012
Page 80 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT Annex VIII
Tender No:ENMA/ASBE/1352
To arrive no later than 12:00 hours
On Friday 13 January 2017 Director of Finance Northern Lighthouse Board Notes: 84 George Street 1. The envelope to which this is EDINBURGH attached must not bear any indication EH2 3DA of the tenderer’s name.
2. It is the tenderer’s responsibility to ensure that the tender is delivered by the due deadline: should a tender arrive late, a date stamp produced by a franking machine is not acceptable as proof of the date of posting, when considering admissibility. 14. TENDER
Page 81 of 81 NLB Tender Document – Asbestos Testing & Reporting Services Doc No: Active Date: 29 November 2016 Classification: Official Version: 01 Status: DRAFT