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Framework Agreement-Open ITT

Invitation to Tender for

Framework Agreement for: Arboricultural Services in support of Plant Health

Operations

Framework No: APH001/2015


IntroductionThe Forestry Commission’s (FC) mission is to protect and expand Britain's forests and woodlands and increase their value to society and the environment.We, the FC, will always consider equality when conducting our procurement activities. We require you to meet your duties under the Equality Act 2010 and may ask for evidence that you are aware of and operate in accordance with those requirementsWe take the lead in the development and promotion of sustainable forest management. We deliver the distinct forestry policies of England and Scotland through specific objectives drawn from the country forestry strategies.More information is available on our website at www.forestry.gov.uk

1 Type and term of agreementWe will be awarding a framework agreement for arboricultural services in England to support Plant Health England in order to facilitate work resulting from suspicion of pest or disease presence. The work may include working directly for the Forestry Commission or the Animal and Plant Health Agency (APHA), an executive Agency of the Department for Environment, Food and Rural Affairs (Defra). Our intention is to award this framework agreement for a period of 4 years starting from 01/04/2015. Annual break points will be available within the framework agreement each year at which time we will decide on whether the framework agreement will continue. The decision on whether to use the break points available will be at our discretion and we will base it on the following factors: satisfactory performance, budget availability and level of disease outbreaks requiring arboricultural services at the time.The estimated value of this framework agreement over the entire period including any extension options could be between £0 and £1,000,000 due to the unpredictability of plant health related pest or disease outbreak requiring arboricultural intervention.Due to the nature of the requirement for this tender the Forestry Commission or APHA cannot provide precise financial estimates. We cannot forward forecast the occurrence of diseases or pests, their impact or the budget we can make available. The value of this contract can therefore not be precise.

6f. Framework Agreement-Open ITT | 2 | Version 1 03/11

http://www.forestry.gov.uk/


2 Timetable, enquiries and return arrangements

2.1 TimetableSet out below is the proposed procurement timetable. This is intended as a guide, and, while we do not intend to depart from the timetable, we reserve the right to do so.

Stages Dates

Issue ITT Document 02/02/2015

Bidder Briefing Day Not used

Date(s) of site visits by bidders to FC site Not used

Closing date and time for enquiries 23/02/2015 13:00pm

Tender Return Date and Time 02/03/2015 13:00pm

Visit to Bidder’s Site/Other Not used

Expected Notification of Intent to Award 12/03/2015

End of Standstill Period 27/03/2015

Expected Start Date 01/04/2015



2.2 Clarification2.2.1Clarification

Once we have evaluated submissions, we may need further clarification and may ask for this additional information or a clarification meeting. The purpose is to further explore the information you have provided in your submission.

2.3 EnquiriesPlease send all enquiries in writing or by email, by the deadline stated at Section 2.1, quoting the framework agreement number printed at the front of this document to:

Plant Health TeamForestry Commission EnglandPlant Health620 Bristol Business ParkBristol BS16 1EJ

Email: [email protected] (Email address provided for enquiries only)If we consider any question or request for clarification is relevant to all interested parties, we will circulate both the query and the response to all potential tenderers, although your identity will remain confidential.If you want to tender, and have not yet registered interest in the framework agreement, you must do so before the closing date for enquiries to make sure you are told about any questions and answers.

2.4 Return arrangementsPlease return your completed tender as: two paper copies by post or hand delivered, and one copy on disk or USB type storage device in a read only formatPlease note that we do not accept fax or email copies. We must receive your completed tender before the closing time shown in the Timetable at Section 2.1. We will keep tenders received before this deadline unopened until after this time. We reserve the right to not consider any tenders received after the deadline. Please be aware that tenders may be copied for our use. Mark your envelopes with the words ‘Tender for Arboricultural Services Plant Health England: APH001/2015 – Not to be opened until 13:00pm 02/03/2015’.Submissions may be excluded if you do not mark the envelope in this way. Send completed tender documents to the following address:



Katie BlainForestry Commission EnglandPlant Health620 Bristol Business ParkBristol BS16 1EJ



3 Statement of RequirementsIn line with the Forestry Commissions mission to protect Britain’s forests and woodlands we intend to award a contingency framework agreement for arboricultural services to support Plant Health England. This framework contract will facilitate off-ground survey and arboricultural work in response to ground based surveys indicating possible pest or disease presence.This work in rapid response to potential outbreaks of tree pests and disease is critical for eradication or containment purposes. We are encouraging greater vigilance amongst the woodland sector, landowners and the wider public to report suspicious symptoms. We need a flexible resource of suitably experienced and competent arborists who can be deployed at relatively short notice to supplement the work undertaken by Forestry Commission survey staff. The purpose of this contingency framework contract is to put in place this additional resource to cover the whole of England. Due to the nature of the requirement for this framework contract the Forestry Commission or APHA cannot provide precise quantity of work estimates and there is no guarantee of work. We cannot forward forecast the occurrence of diseases or pests, their impact or the budget we can make available. However, we do under go regular surveys to assess the need for the works described in this contract.3.1 Framework AgreementA framework is an agreement with one or several providers. It sets out the general terms and conditions under which we can make specific purchases as and when we need them. The formal contract is formed when the Forestry Commission places a call-off order against the framework asking for specific delivery of goods, services or works. A bidder can receive a call-off order directly, or we may ask them to take part in a mini-competition with the other bidders on the framework. This particular Framework Agreement will operate as follows: The Forestry Commission will award this contract as a multiple supplier framework. We will appoint up to a maximum of 3 suppliers per lot. Mini-CompetitionWork will generally be awarded by mini-competition unless the rapid response required to a pest or disease does not allow sufficient time. For each mini-competition all suppliers from the relevant lot will be invited to submit a bid. Direct AwardUrgent works will be awarded directly and suppliers will be ranked according to the predetermined scoring matrix set out in this tender. The Forestry Commission will require confirmation within 48 hours once the call-off is issued to Contractors of their availability to undertake the work. Where the lead supplier is not able to undertake the call-off, or does not respond by the deadline, the next ranked supplier will be approached and so on until all framework suppliers have been approached. If no one supplier can undertake the work within a lot the Forestry Commission reserve the right to conduct a mini-competition between all framework suppliers for all geographic areas.



Suppliers will be able to tender for one or more of these areas but, if successful in more than one area, the supplier must be able to provide services in all areas, potentially simultaneously.The successful bidder will be issued with a call-off order detailing the location of the site and the required works. The supplier will be expected to respond to every call-off order in writing/email within the deadline specified and before any work commences.If a supplier rejects call-off orders on three call-off requests within one calendar year their ranking will automatically be downgraded to the third ranked supplier for the remainder of the contract period. This will be at the discretion of The Forestry Commission and we will consider your other work-commitments with the Forestry Commission when applying this clause. The Forestry Commission will write to you on each occasion where you have rejected a call off order. You may write to the supervising officer within 10 calendar days if you wish to appeal this decision.

3.2 Specific Requirements

3.2.1 Range of ServicesThe range of services required may vary from site to site but may include tree climbing services and tree surgery services on sites in both urban and rural environments which may include roadside working. Sites may also have public access. The specific work for each call-off under the terms of this framework contract will be detailed in each call-off but may include:

Tree climbing services and equipment to inspect and report on pest damage. Dependant on site and tree conditions this work may be conducted by rope access or Mobile Elevated Work Platform (MEWP).

Tree surgery works for inspection, incineration and/or to obtain samples which may include pruning, crown reduction, felling, sectional felling, log and branch wood processing, presentation of felled material for sample inspection and/or sample collection by the supplier or Forestry Commission staff.

On site chipping to 2cm by 2cm of non-infected brash unless otherwise agreed locally.

All felled non-infected log wood to be cut into lengths and stacked as specified by the Forestry Commission.

Selective stump grinding. Arboricultural works adjacent /alongside roads and associated traffic

management to facilitate road side working and supervision of mobile traffic controls compliant with the New Roads and Street Works Act and chapter 8 of the Traffic Signs manual – Department of Transport /Highways Agency.

Arboricultural works adjacent/alongside power lines to include liaison with District Network Operator to ensure safe working practices in line with current guidelines.

Site associated public access management. Where samples of symptomatic plant material are required, the supplier will

submit samples within 24 hours to specified laboratories for diagnosis in accordance with all necessary biosecurity measures. If samples are collected on



a Friday they may need to be refrigerated over the weekend if the designated laboratory does not have capacity to accept samples on a Saturday or Sunday.

All works sites are to be left tidy with all non-vegetation waste removed.There may be a requirement for on-site incineration of all felled material if found to be infected or suspected of infection. This is a specialist operation that will usually be out-sourced by the Forestry Commission; however there is the opportunity to inform us of your company’s access to any incineration equipment at this stage.3.2.2 Special Conditions

The Forestry Commission operate a 3 step gateway system before any work against the call-off commences on site and all service providers will adhere to this system:

o Gateway 1 – Contractor certification declaration o Gateway 2 – Safety and Environment Constraintso Gateway 3 - Site based pre-commencement meeting

The supplier will be required to provide all equipment and Personal Protective Equipment (PPE) necessary to complete the work as specified. This will include a mobile phone and hand held GPS device. It is understood that the supplier may not have ownership of the specific machinery required to complete work against call-off orders, but it is a requirement to have access to it (excluding incineration equipment).

A minimum team size of 3 people will be required for all off ground work. Although the number of operatives per site will vary the supplier should have the

capacity to provide up to 10 climbing operatives capable of surveying, sampling, and tree surgery work to include felling, sectional felling, pruning, crown reduction, log and branch wood processing and presentation of material for sample inspection at any one time with associated ground operatives.

Reporting of survey results will be detailed on the call-off order but may include reporting via email, phone, survey pro-forma uploaded to dedicated web page or mobile application from a smart phone. All survey information collected must be submitted to the Forestry Commission within 72 hours of completion of each site survey and within 24 hours of the survey completion date.

Suppliers should submit one monthly invoice, with sufficient details on what is being charged.

The Forestry Commission will make arrangements for suppliers to post or deliver by courier plant samples to the diagnostic laboratories if required. If the specified courier is unable to collect samples they should be posted via royal mail special delivery for next day delivery and invoiced at cost.

Environmental Standards: The supplier will be familiar with the EPS (European Protected Species)

legislation. The supplier will carry pollution control equipment and have a pollution

control plan appropriate to the operation.

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The following documents will be provided to the Forestry Commission before any work commences on site:

Operational site assessment (OSA) to include identified hazards and constraints and environmental risk assessment. Guidelines for producing an OSA can be viewed at England - Safeguarding European Protected Species (England)

Method Statement Risk assessments to include site specific reference to working at height Pollution control plan

The Forestry Commission will provide the supplier with details of the location of the site or sites where a pest or disease is present or suspected of being present. The supplier will be expected to attend a pre commencement meeting within 72 hours from the receipt of these site details unless otherwise stated in the call-off order.

3.2.3 Geographical AreasThe contract will be divided into 8 lots as detailed below and on the following map.

Lot Description1 London & South East England2 South Central England3 South West England4 Central England5 East England6 North Central England7 West England8 North England



3.3 Health and Safety3.3.1 Certification

All contractors bidding for this contract are expected to be members of the Arboricultural Association Approved Contractors Scheme http://www.trees.org.uk/find-a-professional/Become-an-ArbAC#standard2 or hold equivalent qualifications. Any supplier and/or their subcontractors must hold certification appropriate to the work to be undertaken. It is not a requirement that all members of staff hold all certification, but qualifications must be held which are fit for operational work as defined in the individual call-off. Successful bidders must hold certification conforming to standard arboricultural levels for the minimum competencies as detailed below and set out in the FISA/AFAG guidelines:

City and Guilds (NPTC) Forestry and Arboriculture or equivalent awardQualification No.

Description

002007 Accessing a tree using a rope and harness002058 Safe use of a Manually Fed Wood Chipper002101 or 002112 Felling and Processing Trees over 380mm

002102 Severing Uprooted or Windblown trees using a Chainsaw002103 Assisted Fell Operations002106 Aerial Tree rescue Operations002107 or 002113 Aerial Tree Pruning

002108 Aerial Cutting of Trees with a chainsaw Using Free-fall Techniques002109 Aerial Tree Rigging002115 Safe use of a Chainsaw from a Mobile Elevated Work Platform001701/2 Safe Use and Operation of Mobile Elevated Work Platforms002117 or 002119 Felling and Crown Breakdown of Large Trees

002010 or 002006 Use of powered pole pruners

002053/4 Competence in the Safe Use of Stump Grinders

AUA10 Competence in Utility ArboricultureXARB03 Competence in the Thorough Examination of Arboricultural

Equipment

Qualification Description


http://www.trees.org.uk/find-a-professional/Become-an-ArbAC#standard2


Unit 2 & Unit 10 Signing Lighting Guarding (to comply with New Roads and Street Works Act and chapter 8 of the Traffic Signs manual – Department of Transport /Highways Agency)

EFAW + F First Aid – as per the FC first aid policy http://www.forestry.gov.uk/forestry/infd-8wpmpq

3.3.2 Safety and Quality StandardsAll works to be carried out in accordance with BS3998 Recommendations for Tree Works 2010 (or equivalent) and Provision and Use of Work Equipment Regulations (PUWER)All works to be conducted in relation to the most up to date industry safety standards including Forest Industry Safety Accord http://www.ukfisa.com/ (FISA) guidelines and the Health and Safety Executive Arboriculture Advisory Group (AFAG) http://www.hse.gov.uk/treework/resources/afag.htm guidelines.All suppliers must comply with the HSE First Aid at Work Policy which came into effect in January 2012Manufacturer’s instruction book must be available for any PLANT machinery used on site and vehicles must comply with Department of Transport and Road Traffic Acts (DTRTA) where relevant3.3.3 Emergency Response KitsThe supplier will ensure that a pollution control kit suitable for the services to be provided on site, fire extinguisher and suitable first aid kit is available on site to all crew members whilst undertaking operations.3.4 BiosecurityAppropriate biosecurity measures (such as cleaning and disinfecting of equipment, machinery, vehicles, footwear and clothing before entry and exit of each site) will be required at all sites visited.

Note: Bidders must include details of any areas where they will not be able to comply with these requirements. If your tender does not meet these requirements we reserve the right to reject it completely.



4 Guidance notes for completing the ITT4.1 Completing the ITTPlease answer every question. If the question does not apply to you please write N/A. If you do not know the answer please write N/K.Warning: Please note that if you answer N/A or N/K to any question, we may reject your submission in full and will not evaluate any further questions.

4.2 Supporting documentsTo make the process straightforward, you do not need to provide supporting documents such as accounts, certificates, statements or policies with your tender unless specifically requested to do so in sections A - J. However, we may ask you for these later. You may also be asked to clarify your answers or provide more details.Your organisation will only be evaluated based on the information in your tender. Note that if you do not mention any previous experience of working with us in your reply we cannot take this into account. Please do not send any information that is general company or promotional literature, as this will not form part of our evaluation. Any additional documents you provide must refer to a question within the ITT and be easily identifiable as the answer.

4.3 CostsAll costs associated with participating in this process remain your responsibility. We will not return any part of your completed tender to you.

4.4 Right to cancel or vary the processWe reserve the right to cancel or withdraw from the selection and evaluation process at any stage.

4.5 ConfidentialityYou must treat all information we supply to you in confidence and do not disclose it to third parties, unless you need to obtain sureties or quotations for submitting your response.The Government has set out the need for greater transparency across its operations to enable the public to hold public bodies and politicians to account. This includes commitments about public expenditure, intended to help achieve better value for money.As part of the transparency agenda, the Government has made the following commitments for procurement and contracting, note procurement is devolved to Scottish Administrations, so some of these requirements are not UK-wide at this time.



All new central government tender documents for contracts over £10,000 are to be published on a single website from September 2010, and this information will be made available to the public free (except for contracts concluded in Scotland exclusively).

New items of central government spending over £25,000 to be published online from November 2010.

All new central government contracts with a value greater than £10,000 are to be published in full on a single website from January 2011, and this information will be made available to the public free (except for contracts concluded in Scotland exclusively).

Bidders and those organisations looking to bid for public sector contracts should be aware that if they are awarded a new government contract, as a public sector organisation, we will publish that contract. In some circumstances, some information will be made unreadable before they are published so we comply with existing law and for protecting national security.As part of the tendering process, when submitting your bids, you should identify which pieces of information you regard as being sensitive and would not want published. We will then assess this information (along with the rest of the contract) against the exemptions set out by the Freedom of Information Act when considering which contractual information should or should not be published.

4.6 Consortia arrangementsIf you are bidding as a consortium, you must provide the following information:

full details of the consortium; and the information sought in this ITT for each of the consortium’s constituent

members as part of a single complete response. You should provide details of the actual or proposed percentage shareholding of the constituent members within the consortium in a separate Annex. If as a consortium you are not proposing to form a corporate entity, please provide full details of alternative proposed arrangements in the Annex. However, please note we reserve the right to require a successful consortium to form a single legal entity under Regulation 28 of the Public Contracts Regulations 2006. We recognise that arrangements about consortia may (within limits) be subject to future change. You should therefore respond in the light of current arrangements. We remind you that you must tell us about any future proposed change to your consortia so we can make a further assessment by applying the selection criteria to the new information you provide.

4.7 Sub-contractorsWhere you propose to use sub-contractors, please give all information we ask for about the prime contractor. Where sub-contractors will play a significant role in the delivery of the services or products under any ensuing contract, please indicate in a separate annex (by inserting the relevant company or organisation name) the composition of the supply chain, showing which member of the supply chain will be responsible for the elements of the requirement. 6f. Framework Agreement-Open ITT | 14 | Version 1 03/11


We recognise that arrangements about sub-contracting may change. However, you need to remember that where sub-contractors are to play a significant role, any changes to those sub-contracting arrangements may constitute a material change and therefore may affect your ability to proceed with the procurement process or to provide the goods and, or, services.All subcontractors to be utilised in arboricultural operations are expected to be members of the Arboricultural Association Approved Contractors Scheme or hold equivalent qualifications.

4.8 Tender validityAll details of the tender, including prices and rates, must be valid for 90 days from receipt of tender.

4.9 LanguageThe completed tender and all accompanying documents must be in English.

4.10 Applicable LawAny framework agreement concluded as a result of this ITT will be governed by English law.

4.11 PricingAll prices will be in sterling and exclusive of VAT.

4.12 Additional costsOnce we have awarded the framework agreement, we will not pay any additional costs incurred which are not reflected in your tender submission.

4.13 DisclaimerWhile the information in this ITT and supporting documents has been prepared in good faith by us, it may not be comprehensive nor has it been independently verified. Neither the FC, nor their advisors, nor their respective directors, officers, members, partners, employees, other staff or agents:

makes any representation or warranty (express or implied) as to the accuracy, reasonableness or completeness of this ITT; or

accepts any responsibility for the information contained in the ITT or for the fairness, accuracy or completeness of that information nor shall any of them be liable for any loss or damage (other than in respect of fraudulent



misrepresentation) arising as a result of relying on such information or any subsequent communication.

4.14 InducementsOffering an inducement of any kind in relation to obtaining this or any other framework agreement with us will disqualify you from being considered and may constitute a criminal offence.

4.15 Contract managementIf we award a framework agreement, you will have to co-operate in managing the framework agreement, and comply with the contract management requirements, as detailed in the Statement of Requirements at Section 3.



5 Evaluation 5.1 Evaluation We will evaluate responses to the tender objectively using the evaluation matrix at Section 5.5.

5.2 GatewaysSome questions in the tender are known as gateways and are fundamental requirements of the framework agreement. If any of these questions are not answered appropriately, we may reject submissions in full and will not evaluate any further questions.

5.3 Specific questions To make sure the relative importance of the questions is correctly reflected in the overall scores, we have applied a weighting system to each section of the tender. The marks allocated for each question will be multiplied by the relevant weighting as shown for each section.

5.4 AwardOnce we have carried out the evaluation and identified the successful tenderer(s), we will tell all tenderers in writing by email of our intention to award.

5.4.1Standstill PeriodWe will apply a standstill period of 15 days minimum between the notification of intention to award, and the start of the framework agreement.

5.4.2DebriefingWe will give all bidders the opportunity of a debriefing. Please tell us in writing as soon as possible if you want a debriefing. We provide a formal debrief within 15 calendar days of receiving a request.



5.5 Evaluation matrix

Section Title Weight Agreed Marking CriteriaA Form A –

Organisation and Contact Details

Mandatory

Question A19 – Pass/Fail

Completion of this section is mandatory and is for our information purposes. We may confirm company identity and basic details with external bodies.

You must either be able to answer ‘no’ to the question posed, or if answering ‘yes’ have provided an explanation which is acceptable to the Forestry Commission. If you answer ‘yes’ to the question and do not provide an explanation, or if the explanation you provide is deemed unacceptable, you will fail this section.

A Form B – Grounds for Mandatory Rejection

Pass/Fail If you cannot answer ‘no’ to each of questions (a) to (f) and ‘yes’ to each of questions (g) to (j) in this section it is very unlikely that your application will be accepted and you should contact us for advice before completing this form.

A Form C – Grounds for Discretionary Rejection

Pass/Fail If you answer ‘Yes’ to any questions relating to discretionary rejection you may fail this section, however we will look for information from you that clearly indicates that any past conduct or problem has been resolved and that steps have been taken to prevent its recurrence. If we are satisfied that this is the case you will pass this section.

B Financial Pass/Fail You must be able to provide at least one of the items of financial evidence set out in section B. The key objective is for us to analyse your financial position and determine the level of risk that it would present to us – having regard to the requirement and value, criticality, and the nature of the market.

C Health and Safety Pass/Fail You must provide the information we have requested in Section C.

D Insurance Details Pass/Fail You must have the required levels of insurance as requested in Section D. If you do not have these, you must confirm that you will get them, if successful, before the framework agreement start date. If you cannot confirm this, you will fail this section.

E Specific Questions Weight The following evaluation system will be applied:0 – No response or totally inadequate



E1

E2

Delivery of theworks

Resources

30%

20%

No response or an inadequate response.1 – Major Reservations/ConstraintsThe response simply states that the supplier can meet some of the requirements set out in the question or statement of requirements, but have not given information or detail on how they will do this.2 – Some Reservations/ConstraintsBidder has provided some information about how they propose to meet most of the requirements as set out in the question or statement of requirements. There is some doubt in their ability to consistently meet the full range of requirements.3 – Fully CompliantBidder has provided detailed information covering all elements of the question, detailing how they propose to meet all the requirements as set out in the question or statement of requirements. This gives full confidence in their ability to consistently meet the full range of our requirements. 4 – Exceeds RequirementsBidder meets the required standard in all respects and exceeds some or all of the major requirements, which in turn leads to added value within the contract.

F Pricing Schedule Weight50%

Price will be evaluated using the ‘standard differential method’ – each bidder receives 100% of the available marks less the percentage by which their tender is more expensive than the lowest; with 4 being the maximum score achievable.

G Terms and Conditions

Pass/Fail You must accept our terms and conditions. We will discuss any issues you highlight before any award.

H References Pass/Fail You must provide references relevant to the subject of this framework agreement. You should provide the number of references shown in Section H. We will consider accepting a lower number depending on how long you have been in business. When checking references, we will be



looking to confirm that the framework agreement has been carried out on time, to budget and to specification.

I Declaration Pass/Fail Signed declaration provided with no exceptions identified.

J Certificate of Bona Fide Tender

Pass/Fail Signed certificate provided with no exceptions identified.



5.6 Your ResponseIn order to submit a bid for this requirement you must complete and return the following sections to the address detailed at Section 2.4 by the time and date detailed in the timetable at Section 2.1.

Lots

Part A – Form A: Organisation and Contact Details

Part A – Form B: Grounds for Mandatory Rejection

Part A – Form C: Grounds for Discretionary Rejection

Part B – Financial

Part C – Health and Safety

Part D – Details of Insurance Policies

Part E – Specific Questions

Part F – Pricing Schedule

Part G – Terms and Conditions of Contract

Part H – References and evidence of work of a similar nature

Part I – Declaration

Part J – Certificate of Bona Fide Tender



5.7 LotsIn order of preference please indicate which lots you are interested in bidding for:

Lot No: Bid: Yes/No

If you bid for more lots than your capacity permits you must clearly state below the maximum number of lots you wish to be awarded and show us your order of preference. We will use this information during our evaluation if an organisation scores the most in more lots than their capacity. The final award of lots will be at our discretion.

Maximum Number of Lots:

Lot No: Lot Preferences



Part A – Form A - Organisation and Contact DetailsWeighting: Completion of this Section is mandatory

Organisation Details

Question Your Answer

A1 Full name of organisation tendering (or of organisation acting as lead contact where a consortium bid is being submitted)

A2 Registered office address

A3 Company or charity registration number

A4 VAT Registration number A5 Name of immediate Parent

CompanyA6 Name of ultimate Parent

CompanyA7 Type of organisation i) a public limited company

ii) a limited companyiii) a limited liability partnershipiv) other partnershipv) sole trader

vi) other (please specify)

A8 How many staff does your organisation (including consortia members and named sub-contractors where appropriate) employ relevant to the carrying out of services and/or, delivery of goods similar to those



Weighting: Completion of this Section is mandatory

Organisation Details

Question Your Answer

required under this framework agreement?

A9 Total number of employees employed by your organisation. (Including Directors, Partners, Apprentices, Trainees etc.)

A10 Length of time your business has been operating.

A11 Please state whether there is any potential conflict of interest in relation to this framework agreement, for example if any of those involved with the framework agreement share private interests with anyone within the FC. Examples include, membership of societies, clubs and other organisations, and family.

No Yes

If you have answered “YES” please give details.

A12 Consortia and sub- contracting:

a) Your organisation is bidding to provide the services required itself.b) Your organisation is bidding in the role of Prime Contractor and intends to use third parties to provide some services.c) The potential Provider is a consortium.

If you answer is (b) or (c) please indicate in a separate annex (by inserting the relevant company or organisation name) the composition of the supply chain, indicating which member of the supply chain (which may include the Potential Provider solely or together with other providers) will be responsible for the elements of the requirement.



Contact Details – Contact details for enquiries relating to this process

A13 Name

A14 Address, including country and postcode

A15 Phone A16 Mobile A17 Email

Questions below for completion by Non UK Business Only

A18a Registration with professional body.Is your business registered with the appropriate trade or professional register (s) in the EU member state where it is established (as set out in Annexes IX A-C of Directive 2004/18/EC) under the conditions laid down by that member state?

A18b Is it a legal requirement in the State where you are established for you to be licensed or a member of a relevant organisation in order to provide the requirement in this procurement? If yes, please provide details of what is required and confirm that you have complied with this.

Tax Compliance

A19 Have your organisation’s tax affairs given rise to a criminal conviction for tax related offences which are unspent, or to a penalty for civil fraud or evasion; and/or have any of your organisation’s tax returns submitted on or after 1 October 2012 been found to be incorrect as a result of:

a) HMRC successfully challenging it under the

No Yes



General Anti-Abuse Rule (GAAR) or the “Halifax” abuse principle; or

b) A tax authority in a jurisdiction in which the supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or the “Halifax” abuse principle; or

If answering ‘yes’ to question A19 above you should provide details of any mitigating factors that you consider relevant and that you wish us to take into consideration. This could include for example:

Corrective action undertaken by you to date; Planned corrective action to be taken; Changes in personnel or ownership since the OONC; or Changes in financial, accounting, audit or management procedures since

the OONC.In order to consider any factors raised by you, we will find it helpful to have the following information:

A brief description of the occasion, the tax to which it applied, and the type of “non-compliance” e.g. whether HMRC or the foreign tax authority has challenged pursuant to the GARR, the “Halifax” abuse principle etc.

Where the OONC relates to a DOTAS, the number of the relevant scheme. The date of the original “non-compliance” and the date of any judgement

against the supplier, or date when the return was amended. The level of any penalty or criminal conviction applied.

Please use the box below to provide details if appropriate, and expand as necessary.



Part A – Form B – Grounds for mandatory rejectionImportant Notice: In some circumstances we are required by law to exclude you from participating further in a procurement. If you cannot answer ‘no’ to each of questions (a) to (f) and ‘yes’ to each of questions (g) to (j) in this section it is very unlikely that your application will be accepted and you should contact us for advice before completing this form. Please state ‘Yes’ or ‘No’ to each question.

Has your organisation or any directors or partner or any other person who has powers of representation, decision or control been convicted of any of the following offences?

Answer

(a) theft, fraud and wilful imposition, embezzlement, robbery, forgery, reset (including reset as defined in Section 51 of the Criminal Law (Consolidation) (Scotland) Act 1995), perjury or any of the following offences as defined by the legal systems in each of the constituent parts of the United Kingdom, namely:

(aa) 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;

(b) 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; where the offence relates to active corruption;

(c) the offence of bribery, where the offence relates to active corruption;

(ca) bribery within the meaning of section 1 or 6 of the Bribery Act 2010;

(d) fraud, where the offence relates to fraud affecting the European Communities’ financial interests of the European Communities as defined by Article 1 of the Convention on the protection of the financial interests of the European Union, within the meaning of:

(i) the offence of cheating Her Majesty’s Revenue and Customs including (but not limited to) a “Revenue and Customs offence” in terms of Section 23A,



sections 23B to 23P and 26A of the Criminal Law (Consolidation) (Scotland) Act 1995.

(ii) the offence of conspiracy to defraud;

(iii) 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;

(iv) 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;

(v) 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;

(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;

(vii) 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;

(viii) fraud within the meaning of section 2,3 or 4 of the Fraud Act 2006; or

(ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;

(x) counterfeiting or falsifying a specified monetary instrument with the intention that it be uttered as genuine; or having in his or her custody or under his or her control, without lawful authority or excuse anything which was and which he or she knew or believed to be a counterfeited or falsified specified monetary instrument or any machine, implement or computer programme or any paper or other material which to his or her knowledge was specifically designed or adapted for the making of a specified monetary instrument, contrary to Section 46A(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995.

(xi) having in her or her possession or under his or her control an article for use in or in connection with the commission of fraud or making, adapting,



supplying or offering to supply an article knowing that the article is designed or adapted for use in or connection with the commission of fraud or intended the article to be used in or in connection with the commission of fraud contrary to Section 49(1) and (3) of the Criminal Justice and Licensing (Scotland) Act 2010;

(xii) being involved in serious organised crime contrary to Section 28 of the Criminal Justice and Licensing (Scotland) Act 2010; or committing an offence aggravated by a connection with serious organised crime in terms of Section 29(2) of the Criminal Justice and Licensing (Scotland) Act 2010; or committing an offence by directing another person to commit a serious offence or to commit an offence aggravated by a connection with serious organised crime or by directing another person to direct a further person to commit a serious offence or an offence aggravated by a connection with serious organised crime, contrary to Section 30(1) and/or (2) of the Criminal Justice and Licensing (Scotland) Act 2010 or failing to report a serious organised crime, in contravention of Section 31 of the Criminal Justice and Licensing (Scotland) Act 2010.

(xiii) knowing or suspecting that an investigation under Section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995 was being carried out or was likely to be carried out and falsifying, concealing, destroying or otherwise disposing of or causing or permitting falsification, concealment, destruction or disposal of documents which he/she knew or suspected or had reasonable grounds to suspect were or would be relevant to such an investigation contrary to Section 29(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.

(xiv) committing any of the offences against the administration of justice listed in Schedule 2 “Offences against the Administration of Justice: Article 70” to the International Criminal Court (Scotland) Act 2001 (which relate to giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth, presenting evidence that he/she knew was false or forged, corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence, impeding, intimidating or corruptly influencing an official of the



court for the purpose of forcing or persuading the official not to perform, or perform properly, his or her duties, retaliating against an official of the court on account of duties performed by that or another official or soliciting or accepting a bribe as an official of the court in connection with his or her official duties).”

(e) money laundering within the meaning of section 340(11) of the proceeds of Crime Act 2002;

(ea) 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; or

(eb) 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; or

(f) any other offence within the meaning of Article 45(1) of Directive 2004/18/EC as defined by the national law of any relevant State.

Are the following true of your organisation?

(g) the bidding organisation comply with the requirements of the Health and Safety at Work Act 1974, as amended.

(h) The bidding organisation confirm their acceptance of the mandatory requirements for publication of tender documents and contracts as set out in the Government Transparency Agenda.

(i) The bidding organisation accepts that while the information in this ITT and supporting documents has been prepared in good faith by the Forestry Commission (FC), it may not be comprehensive nor has it been independently verified. Neither the FC, nor their advisors, nor their respective directors, officers, members, partners, employees, other staff or agents makes any representation or warranty (express or implied) as to the accuracy, reasonableness or completeness of this ITT; or accepts any responsibility for the information contained in the ITT or for the fairness, accuracy or completeness of that information nor shall any of them be liable for any loss or damage (other than in respect of fraudulent misrepresentation) arising as a result of relying on such information or any



subsequent communication.

(j) The bidding organisation confirm that this is a bona fide tender, intended to be competitive, and that they have not:-

a) fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement, whether in writing or otherwise, with any other person irrespective of whether or not that other person is also a bidding organisation in respective of this tender;

b) worked with any person in the preparation of the tender, irrespective of whether or not that person is also a bidding organisation in respect of this tender, save to the extent that (i) the work and involvement of that other person is made manifestly clear and acknowledged in the body of the tender and (ii) in the reasonable opinion of the Forestry Commission the acknowledged work does not amount to collusion and

c) exchanged information with any of the other bidding organisations in respect of this tender save to the extent that (i) the exchange of information is made manifestly clear and acknowledged in the body of the tender and (ii) in the reasonable opinion of the Forestry Commission the acknowledged exchange of information does not amount to collusion.



Part A – Form C – Grounds for discretionary rejectionImportant NoticeWe are entitled to exclude you from consideration if any of the following apply but may decide to allow you to proceed further. If you answer ‘Yes’ to any question in this section it is very unlikely that we will accept your application, and you should contact us for advice before completing this form. In the event that any of the following do apply, please set out (in a separate Annex) full details of the relevant incident and any remedial action taken subsequently. We will take into account the information you provide when considering whether you will be able to continue with this procurement exercise.We are also entitled to exclude you in the event you are guilty of serious misrepresentation in providing any information referred to within Regulations 24 or 25 of the Public Contracts (Scotland) Regulations 2012 or Regulations 24 or 25 of the Public Contracts Regulations 2006 (as amended from time to time) or you fail to provide any such information requested by us.Please state ‘Yes’ or ‘No’ to each question.

Is any of the following true of your organisation?

(a) being an individual, is a person in respect of whom a debt relief order has been made or is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order or a debt relief restrictions order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state;

(b) being a partnership constituted under Scots law , has granted a trust deed, or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate; or

(c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002

has passed a resolution, or is the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the



subject of similar procedures under the law of any other state?(d) Any of the senior personnel have been involved (in a similar position) in any company which has gone into insolvent liquidation, voluntary arrangement, receivership or administration or been declared bankrupt.

Has your organisation

(a) been convicted of a criminal offence relating to the conduct of your business or profession;

(b) committed an act of grave misconduct in the course of your business or profession;

(c) failed to fulfil obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which you are established; or

(d) failed to fulfil obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which you are established;

e) and/or any or your contractors had a gangmasters licence refused or revoked for any reason in the past; and

f) had a contract cancelled, or not renewed, for failure to perform nor been the subject of a claim (contractual or otherwise) based upon a failure of quality in design, work, materials or services within the last three years.

Please state within the box below if there are any specific areas of questioning in this section with which you cannot comply. Please note that this may invalidate your submission, but you should provide details that will enable the Forestry Commission to decide whether to let you progress further in the process, should the reasoning be satisfactory when it applies to one of the discretionary exclusion conditions.

Part B – FinancialEconomic and Financial Standing Regulation6f. Framework Agreement-Open ITT | 33 | Version 1 03/11


Bidder’s responses to Part B will be used to undertake an assessment of your organisation’s economic and financial standing. You will be contacted by us if this assessment identifies that a parent or other type of guarantee is required.

Weighting: This is a Gateway Section (Pass/Fail)

B1 Please indicate which one of the following you would be willing to provide:-(please indicate which one by ticking the relevant box)A copy of your audited accounts for the most recent two years.A statement of your turnover, profit and loss account and cash flow for the most recent year of trading.A statement of your cash flow forecast for the current year and a bank letter outlining the current cash and credit position.Alternative means of demonstrating financial status if trading for less than a year.



Part C – Health and safetyThis section allows us to assess your competency to manage health and safety. We have provided some guidance to help you understand the requirements for each area. You may also find it useful to refer to the Health and Safety Executive (HSE) website for some guidance before completing this section. You can find this here: http://www.hse.gov.uk/.

General health and safety questionsQuestion Yes No

C1 Does your organisation have a written Health and Safety Policy?

Note: if your organisation has less than 5 employees, the Forestry Commission still requires you to have a written Health and Safety Policy.

C2 Please provide details of the health and safety training you provide to employees, relevant to this contract. If you do not provide any training, please tell us why this is not necessary. From your answer we will decide whether the training is appropriate or required for this contract.

C3 Please provide details of how you manage health and safety at work. Your responses should include:

basic statement on safety awareness; organisational structure; nominated advisor or consultant for health and safety; use of supervisory visits; use of FISA checklists; processes you have to make sure staff are up to date on health and

safety requirements; and details of how you monitor this. COSSH Assessments


http://www.hse.gov.uk/


C4 Please provide details of any Improvement or Prohibition Notices or Prosecutions served by the Health and Safety Executive, and explain what improvements you have made to make sure they do not reoccur. Your responses should include evidence of lessons that you have learned and acted on.

C5 Please provide details if your organisation has been prosecuted or issued with an Improvement Notice or Order by the Environment Agency, Scottish Environmental Protection Agency, National Rivers Authority, a Local Authority, or any other enforcement body responsible for protecting the environment (including a Planning Authority for a breach of Planning Control).Your responses should include evidence of lessons that you have learned and acted upon.

Risk assessmentC6 Please provide examples of the risk assessment process you have applied in

previous contracts of a similar nature to this requirement. Please provide copies of the following if relevant to the contract:

emergency plans; traffic control plans; lone working procedures;



previously completed FISA Guides and checklists; and records of inspection and testing of machinery and electrical equipment.

The process should follow the HSE process or similar and you should provide all the relevant documents we ask for.

C7 Please provide examples of the method statements you have applied in previous contracts of a similar nature to this requirement, and explain how you have linked these to the risk assessment. Please provide examples which show that in previous contracts you have produced method statements detailing how you will carry out the work and you have based these on your risk assessments.



Health and safety advice

C8 How does your organisation obtain competent health and safety advice (either within the organisation or externally)? Please show us you have the following or equivalent: internal safety officers, consultants, appointed person in the organisation responsible for health and safety.

C9 Please provide details of any safety organisations you belong to, for example RoSPA, IOSH etc. Please also provide details of your Arboriculture Association Approved Contractor Scheme Status including Contractor Registration Number where relevant. This is for our information only.

Competence and qualificationsC10 Do the employees, contractors and/or, sub-contractors who will deliver the

contract if successful hold the following qualifications or certification for the following? If not please indicate, with evidence, what action you have taken to ensure the following are in place before any work commences.City and Guilds (NPTC) Forestry and Arboriculture or equivalent award

Yes No

002007 Accessing a tree using a rope and harness002058 Safe use of a Manually Fed Wood Chipper002101 or 002112 Felling and Processing Trees over 380mm002102 Severing Uprooted or Windblown trees using a Chainsaw002103 Assisted Fell Operations



002106 Aerial Tree rescue Operations

002107 or 002113 Aerial Tree Pruning

002108 Aerial Cutting of Trees with a chainsaw Using Free-fall Techniques002109 Aerial Tree Rigging

002115 Safe use of a Chainsaw from a Mobile Elevated Work Platform001701/2 Safe Use and Operation of Mobile Elevated Work Platforms002117 or 002119 Felling and Crown Breakdown of Large Trees002010 or 002006 Use of powered pole pruners002053/4 Competence in the Safe Use of Stump GrindersAUA10 Competence in Utility Arboriculture

XARB03 Competence in the Thorough Examination of Arboricultural Equipment

Unit 2 (essential) Signing Lighting Guarding (to comply with New Roads and Street Works Act and chapter 8 of the Traffic Signs manual – Department of Transport /Highways Agency)

Unit 10 (desirable) Signing Lighting Guarding (to comply with New Roads and Street Works Act and chapter 8 of the Traffic Signs manual – Department of Transport /Highways Agency)

EFAW + F First Aid – as per the FC first aid policy



Yes No

C11 Do the employees who will deliver the contract, if successful, receive relevant update training?

C12 Have you met the FISA chainsaw update requirements that in the last 5 years operators have either attended formal chainsaw training and assessment or had FISA approved refresher training or have registered with FISA to obtain refresher training? Please indicate which of the above applies.

C13 Does your organisation have written records of thorough examination of arboricultural equipment and fully comply with the obligations of the LOLER/PUWER 98 regulations?

Accident records and reporting

C14 How does your organisation make sure you learn from incidents or accidents and change your working practices as necessary? Please provide examples. You must provide evidence that you have a process to record accidents.

C15 How does your organisation ensure it reports under RIDDOR, where this is required? Your response should demonstrate recognition of RIDDOR reportable categories and timescales.



Working with sub-contractors

C16 Please provide details of your selection process for sub-contractors either with the Forestry Commission or other organisations. This selection process should include assessment and review of their approach to risk assessment, competence and qualifications, and accident reporting and recording. Please note that all sub-contractors must be an Arboricultural Association Approved Contractor or equivalent.



Part D – Details of insurance policiesWeighting: This is a Gateway Section (Pass/Fail)

You must either confirm that you have these levels of insurance in place for each and every claim rather than on an aggregate basis or, alternatively, undertake that should you be awarded a contract under this procurement such levels of insurance will be available to you and that you undertake to maintain these levels of insurance for the duration of the contract.Insurance Policy Indemnity Value (£) Yes No Will secure

if successful

Employers Liability (This is a legal requirement. There are a small number of exceptions. Please refer to HSE Guidance HSE 40 Employers Liability Compulsory Insurance Act 1969)

Min £5m per claim

Public Liability Min £5m per claim

Plant InsuranceThe FC being a government body does not carry insurance. Please give an undertaking that all plant supplied will be insured to cover all eventualities and that any additional premium is included in the rate supplied.If you do not undertake to secure the stated levels of insurance, we will not consider your submission.



Part E – Specific Questions Question Weight

%E1 Please describe the step-by-step delivery process that your

company will follow in order to achieve successful completion of works against this framework. Your answer should refer to the work outlined in Section 3 - Statement of Requirements and include a detailed Management Strategy for your company. As a minimum this should cover:

Works in areas of high public access Works in proximity to highways Works in proximity to overhead power lines Aerial works utilising rope and harness access methods

including crown reduction and/or sectional dismantling Aerial works utilising a MEWP including crown reduction

and/or sectional dismantlingIn your answer it would be beneficial to include:

Emergency plans Reference to FISA guidelines/checklists and H&S

regulations Reference to the inspection and testing of machinery and

electrical equipment.

30%

E1 Answer:



Question Weight %

E2 Please provide details of the resource that you have available for the completion of the works set out in this framework demonstrating suitability to the task in terms of the following:A: The number of fully trained climbing personnel and grounds personnel you have available including a table (a training matrix must be inserted as appendix) indicating the number of staff holding each qualification. Please note this should be the number of staff available for work against this framework only.B: Specific details of key plant and machinery that you will have access to and which can be utilised on the contract. This should include the specifications of specialist arboricultural machinery including processing capability (output), horsepower, off-road capability, make and model etc.

20%

E2 Answer:



Part F – Pricing schedule Total Pricing Weight %

F1 Please provide details of your pricing in the schedule provided. Please note:Prices quoted should be inclusive of all costs including travel and subsidence.For the purpose of this schedule a ‘day’ relates to 8 hours including 1 hour break. You must provide prices for each Lot individually. If you wish to also offer an alternative bid (e.g. an offer is dependent on getting two or more Lots) you must make this clear on your price schedule.

50%


LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7Description Weight

%

Price (ex. VAT) per day(£)







(a) Daily rate for a three person team for tree climbing operations for survey, sampling, tree surgery work to include sectional felling, felling, pruning, crown reduction, log and branch wood processing, and chipping 100mm – 200mm diameter.

17%

Per Day Per Day Per Day Per Day Per Day Per Day Per Day

(b) Daily rate for supply and use of MEWP plus three person team. MEWP height up to 22m working height with all terrain capability.

10%Per Day Per Day Per Day Per Day Per Day Per Day Per Day

(c) Daily rate for each additional operative above the required minimum of 3 if required in agreement with FC Contracts Manager or detailed in the call off order. This rate may include ancillary machinery plus operators required on site.

10%


(d) Daily rate for supply and use of stump grinder plus operator to a depth of 100mm below ground level. Raking arisings back into stump grinding pit. Location of underground services using cable avoidance tools.

4%


(e) Daily rate for provision of traffic management compliant with NRSWA up to 60mph single lane including 2 way lights with competent operators on site.


(f) Daily rate for provision of traffic management compliant with NRSWA up to 60mph single lane including Stop/Go boards with competent operators on site.




LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7Description Weight

%








(g) Provision of works alongside power lines to include liaison with District network operator, formulation of ‘GS6 Avoidance from Overhead Power Lines’ plan and site meetings to accomplish this. Note: Works will not contain a rail side element.

3%


Rate per day of tree waste incineration and all associated operational costs. (The provision of this will not affect your bid).

N/APer Day Per Day Per Day Per Day Per Day Per Day Per Day

Please note:You must provide prices for each Lot individually. If you wish to also offer an alternative bid (e.g. an offer is dependent on getting two or more Lots) you must make this clear on your price schedule



Part G - Terms and conditions of contractThis ITT, and any framework agreement arising from it, will be subject to the latest version of our terms and conditions for the Supply of Operational Services as set out in Appendix 1. The successful Tenderer’s usual terms and conditions are not, and shall not, become terms and conditions of any framework agreement that we may award as a result of this ITT.

Yes No

G1 Do you accept the FC’s Terms and Conditions of Contract as detailed above?

G2 If no, please provide details of any specific areas that you have an issue with. Please note that failure to agree to our Terms and Conditions of Contract may invalidate your tender submission.


Part H – References and evidence of previous work of a similar natureWeighting: This is a Gateway Section (Pass/Fail)

Please provide details of up to three contracts from either the public or private sector that are relevant to our requirement. Contracts for the supply of goods or services should have been performed during the past three years. Works contracts may be from the past five years. (The customer contact should be prepared to speak to the purchasing organisation to confirm the accuracy of the information provided below if we wish to contact them).Note that where possible referees should not be linked to the FC and that we may contact your referees without telling you again.

H1 Reference 1Organisation name:Customer contact, name, phone number and email

Contract Start date, contract completion date and contract valueBrief description of contract (max 150 words) including evidence as to your technical capability in this market.


Contract Start date, contract completion date and contract value



Brief description of contract (max 150 words) including evidence as to your technical capability in this market.


Contract Start date, contract completion date and contract valueBrief description of contract (max 150 words) including evidence as to your technical capability in this market.

If you cannot provide at least one example, please briefly explain why (100 words max)



Part I – DeclarationWeighting: This is a Gateway Section (Pass/Fail)

I declare that to the best of my knowledge the answers submitted in this ITT are correct. I understand that the information will be used in the process to assess my organisation’s suitability to be invited to tender for the Authority’s requirement and I am signing on behalf of my organisation. I understand that the Contracting Authority may reject this ITT if there is a failure to answer all relevant questions fully or if I provide false or misleading information

Name:

Date:

Signature:

Capacity or Title:

For and on behalf of:



Part J – Certificate of bona fide tendering Weighting: You must complete this section.Tender No: APH001/2015Due for Return by: 02/03/2015Subject: Framework Agreement for: Arboricultural Services in support

of Plant Health Operations

The essence of selective tendering is that the Forestry Commission will receive bona fide competitive tenders from all those tendering. In recognition of this principle, we certify that this is a bona fide tender, intended to be competitive, and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement with any other person. We also certify that we have not done and we undertake that we will not do so at any time before the hour and date specified for the return of this tender any of the following acts:

communicate to a person other than the person calling for those tenders the amount or approximate amount of the proposed tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain premium insurance quotations required for preparing the tender;

enter any agreement with any other person whereby they will refrain from tendering or as to the amount of any tender to be submitted;

offer or pay or give or agree to pay any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender for this work any act or thing of the sort described above.

In this certificate, the word “person” includes any individual, partnership, association, or body either corporate or unincorporated; and “any agreement or arrangement” includes any such transaction, formal or informal, and whether legally binding or not.

Signature: Date:

Name: Position:

Signed for and on Behalf of:

Address:

Contact Tel: Email:



Appendix 1. Conditions of Contract for the Purchase of Services (Operational)

These Conditions may only be varied with the written agreement of the Commission. No terms or conditions put forward at any time by the Supplier/Contractor shall form any part of the Contract unless specifically referred to in the Contract.

1 Definitions

1.1 In these Conditions the following expressions shall have the meanings set out opposite them, unless the context requires otherwise:

Authorised Access Routes the roads which may be used by the Supplier/Contractor pursuant to the Contract (if any) as may be identified in the Contract;

Business Day means any day on which clearing banks are open for general banking business in that part of the United Kingdom in which the Services are being performed;Commission the Forestry Commissioners, acting in exercise of the powers contained in the Forestry Act 1967 and having a principal place of business at 231 Corstorphine Road, Edinburgh, EH12 7AT;

Contract the contract between the Commission and the Supplier/Contractor incorporating these Conditions;

Environmental Law all applicable European, national or local laws or regulations (and any codes of practice, circulars or guidance notes issued pursuant thereto) which relate to the treatment of man or any other living organisms or welfare or the environment or the conditions of the workplace or the generation, transportation, storage, treatment or disposal of dangerous substances and all judicial and administrative interpretations of any of the foregoing;

Force Majeure in relation to either party, any circumstances beyond the reasonable control of that party (including without limitation any fire (other than fire damage caused by the Supplier/Contractor), explosion, flood, wind throw, Act of God, strike, lock-out or other industrial action);

Health and Safety Law all applicable European, national or local laws or regulations (and any codes of practice, circulars or guidance notes issued pursuant thereto (including any issued or approved by the Health & Safety Executive or any equivalent body)) which relate to health and safety or the conduct of forestry operations or such other operations or processes as may be included in the Services and all judicial and administrative interpretations of any of the foregoing;

Premises the location where the Services are to be performed, as specified in the Contract;

Services the services to be provided and performed by the Supplier/Contractor as described in the Contract and shall, where the context so admits, include any materials, articles and goods to be supplied thereunder;

Supplier/Contractor the Supplier/Contractor named in the Contract;



Supplier/Contractor Personnel all employees, agents, consultants and contractors of the Supplier/Contractor and/or of any sub-contractor.

1.2 References to a statute or statutory provision shall be construed as a reference to that statute or provision as respectively amended, consolidated, modified, extended, re-enacted or replaced from time to time and shall include the corresponding provisions of any earlier legislation and any orders, regulations, instruments or other subordinate legislation made from time to time under the relevant statute.

1.3 Unless the context otherwise requires, any reference to a Condition followed by a number shall be a reference to the condition bearing that number in this Contract.

1.4 Expressions in the singular shall include the plural and vice versa and one gender shall include all other genders and reference to a person shall include a reference to a firm, body corporate or an unincorporated association and vice versa.

1.5 References to any legal term of any action, remedy, proceeding, legal document, legal status, court official or any other legal concept or thing in any jurisdiction shall be deemed to include the legal terms most nearly approximating or analogous thereto in other relevant jurisdictions.

1.6 The headings of the Conditions shall not affect their interpretation.

2 Services

2.1 The Supplier/Contractor shall provide the Services in a diligent and professional manner to the satisfaction of the Commission, and shall at all times perform the Services dutifully, timeously and in good faith. The Supplier/Contractor will observe all appropriate industry standards, best practices and appropriate Commission policy in carrying out the Services.

2.2 The Supplier/Contractor shall procure that its employees and representatives make themselves available to the Commission for the purposes of consultation and advice relating to the provision of the Services and, at the expense of the Supplier/Contractor, attend meetings with representatives of the Commission and such other parties as may be reasonably necessary for the performance of the Services.

2.3 The Supplier/Contractor shall begin performing the Services on the date stated in the Contract and shall complete them by the date stated in the Contract or continue to perform them for the period stated in the Contract (whichever is applicable). The time(s) and date(s) of performance of the Services shall be of the essence.



3 Price and Payment

3.1 The price payable to the Supplier/Contractor shall be as stated in the Contract and, unless otherwise so stated, shall be exclusive of any applicable VAT (which shall be payable by the Commission subject to receipt of a valid VAT invoice).

3.2 Subject to Condition 3.5 and unless otherwise stated in the Contract, payment will be made within 30 days of receipt and agreement of invoices, submitted monthly in arrears, for work completed to the satisfaction of the Commission.

3.3 No increase in the price may be made (whether on account of increased material, labour or other costs or otherwise) without the prior written consent of the Commission.

3.4 The Supplier/Contractor shall pay all taxes and other outgoings or expenses payable in consequence of the Contract and the Supplier/Contractor shall indemnify the Commission in respect of any demand, costs or expense suffered by the Commission, whether during the period of the Contract or following termination of the Contract (howsoever caused) or otherwise in relation to any tax or employer's national insurance contributions or other expenses payable in respect of the Supplier/Contractor, its employees, agents or sub-contractors or in relation to the provision of the Services.

3.5 The Commission reserves the right to withhold payment in respect of Services that do not meet the required standards as per the specification of the Commission, unless the prior written agreement of the Commission has been obtained.

3.6 Without prejudice to any other right or remedy the Commission reserves the right to set off any amount owing at any time from the Supplier/Contractor to the Commission against any amount payable by the Commission to the Supplier/Contractor under the Contract.

3.7 Where the Supplier/Contractor enters into a sub-contract with a supplier or contractor for the purpose of performing its obligations under the Contract, it shall ensure that a provision is included in such sub-contract which requires payment of all sums due by the Supplier/Contractor to the sub-contractor to be made within a specified period not exceeding 30 days from the receipt by the Supplier/Contractor of a valid invoice.

4 Access, Premises and Materials

4.1 Not used

4.2 Not used

4.3 The Supplier/Contractor shall, except as specifically provided in the Contract, provide all materials, equipment, goods and consumables to be used when carrying out the Services

4.4 All vehicles and/or equipment operated by or on behalf of the Supplier/Contractor shall be in a safe and operable condition and, without prejudice to the foregoing, shall comply with and be operated in accordance with all applicable legal requirements.

4.5 The Supplier/Contractor shall make no delivery of materials, plant or other things nor commence any work at the Premises without obtaining the Commission's prior consent.

4.6 All equipment, plant and materials brought onto the Premises by or on behalf of the Supplier/Contractor shall be at the Supplier/Contractor’s own risk and the Commission shall have no liability for any loss or damage to any such equipment, plant or materials unless and to the extent that the Supplier/Contractor is able to demonstrate that such



loss or damage was caused or contributed to by the negligence of the Commission or its employees. The Supplier/Contractor shall provide for the haulage or carriage thereof to the Premises and the removal thereof when no longer required at its sole cost. Unless otherwise agreed, the equipment, plant and materials brought onto the Premises will remain the property of the Supplier/Contractor except where the equipment, plant or materials is deemed to have been abandoned pursuant to Condition 20.2.

4.7 Access to the Premises shall not be exclusive to the Supplier/Contractor but only such as shall enable them to carry out the Services concurrently with the occupation by and execution of work by others. The Supplier/Contractor shall co-operate with such others as the Commission may reasonably require and comply with all applicable regulations and Commission policies.

4.8 The Supplier/Contractor shall ensure that:-

4.8.1 The use of any machine or method of working operated by or on behalf of the Supplier/Contractor which is causing or is likely to cause, in the opinion of the Commission, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped immediately on request from the Commission;

4.8.2 No watercourses are impeded as a result of the Supplier/Contractor’s operations and no unauthorised or unlawful discharges are made, as a result of the Supplier/Contractor’s operations, to any drains, sewers, controlled waters or other waters either in contravention of Environmental Law or which may cause damage to man or the environment.

4.9 The Commission shall have the power at any time during the progress of the Services to order in writing:

4.9.1 The removal from the Premises of any materials which in the opinion of the Commission are either hazardous or not in accordance with the Contract, and/or

4.9.2 The substitution of proper and suitable materials, and/or

4.9.3 The removal and proper re-execution (notwithstanding any previous test thereof or interim payment therefor) of any work which, in respect of material or workmanship, is not in the opinion of the Commission in accordance with the Contract.

5 Health and Safety at Work

5.1 The Supplier/Contractor shall ensure full compliance with all Health and Safety Law, and shall comply with any other safety standards that may be stipulated from time to time by the Commission.

5.2 In the event of any breaches of such statutory requirements or standards being committed by the Supplier/Contractor or its sub-contractors or agents, or any of the Supplier/Contractor Personnel, the Commission may inform the Supplier/Contractor of the nature of the breach and of the remedial action which the Commission requires to be taken and may specify the time within which such remedial action is to be taken (and failure to comply with such requirement within the time specified will be regarded as a breach of the Contract), but provided always that in the event of a life threatening breach being committed (as determined by the Commission, acting reasonably) the Commission may (instead of giving a period to remedy the Breach in terms of this Clause 5.2) terminate the Contract with immediate effect by notice to the Supplier/Contractor.



5.3 Chainsaw operators working on the Premises must be in possession of either, a current Certificate(s) of Competence issued by an approved awarding body or the current equivalent units or qualifications within a recognised National or Scottish Vocational Qualification. During consolidated training prior to full assessment against a national standard a valid ‘Record of Training and Achievement’ or qualifications issued by the National Proficiency Test Council ("NPTC") or the equivalent from any body which from time to time replaces it is an acceptable interim confirmation of competence.

6 Environment

6.1 The Supplier/Contractor shall comply at all times with all Environmental Law and other regulation affecting the conduct of the Supplier/Contractor’s business and with the Commission’s Environmental Policy. The Supplier/Contractor will ensure that no harm to any person, property, or the environment may result from the Supplier/Contractor’s acts or omissions in relation to the Contract. The Supplier/Contractor will ensure that no harm to any person, property or the environment may result from the acts or omissions of the Supplier/Contractor’s employees, subcontractors and agents or the employees of any of them in relation to the Contract.

7 Fires

7.1 The Supplier/Contractor shall not light fires within any forest area without the permission of the Commission and shall take all reasonable and proper precautions under the direction of the Commission to prevent and to deal with the fire in the said area or adjoining ground. The Supplier/Contractor shall be responsible for any loss whatsoever through fire attributable to their negligence.

8 Noise

8.1 The Commission reserves the right to prohibit or restrict the use of power saws and any other machines on the Premises where their use would, in the Commission's reasonable opinion, constitute a nuisance to the general public or to local residents. Such prohibition shall not be regarded as justifying further changes in the terms, conditions or prices in the Contract.

9 Caravans etc

No caravan, mobile home, campervan or equivalent vehicle or tent shall be brought onto the Premises without the written consent of the Commission (which consent may be withheld or given subject to such conditions as the Commission may, in its discretion, determine).

10 Audit

10.1 The Supplier/Contractor shall keep and maintain full and accurate records to the satisfaction of the Commission of all expenditure which is reimbursable by the Commission and of the hours worked and costs incurred in connection with any employees of the Supplier/Contractor paid for by the Commission on a time charge basis. The Supplier/Contractor shall on request afford the Commission, its representatives, the National Audit Office or the Commission for the European Communities such access to those records and such other documentation in its possession relating to the Contract as may be required in connection with the Contract.

11 Liability/Indemnity



11.1 Without prejudice to any rights or remedies of the Commission, the Supplier/Contractor shall indemnify the Commission against any loss, costs, liability, injury, damage or expense occasioned by the act, default or omission of the Supplier/Contractor or the Supplier/Contractor Personnel or the employees of any of them, in the performance of the Contract or arising out of any breach of the Contract by the Supplier/Contractor or out of any claim by a third party based on any facts which, if substantiated, would constitute such a breach.

11.2 The Supplier/Contractor shall cause no damage or injury to the property of the Commission or third parties, or injury to the Commission’s employees or third parties. Without prejudice to any other rights or remedies of the Commission, the Supplier/Contractor shall be liable for any wilful, reckless or negligent damage due to any act or default of the Supplier/Contractor or the Supplier/Contractor Personnel or the employees of any of them, arising in any way in connection with the performance of the Contract and shall make good the same to the satisfaction of the Commission within 14 days of its occurrence.

12 Force Majeure

12.1 Where either party is unable to perform all or any of their obligations under the Contract by reason of Force Majeure, then the affected party shall give written notice to the other. The notice must be given within 7 Business Days of the event or circumstances giving rise to Force Majeure. The affected party shall use all reasonable endeavours to mitigate the effect of the Force Majeure, to carry out its obligations under the Contract in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible. Subject to compliance with the terms of this Condition, the affected party shall not be in breach of the Contract as a result of a failure to perform its obligations by reason of Force Majeure.

12.2 If the event or circumstances giving rise to Force Majeure prevails for a continued period of more than 6 months, either party may terminate the Contract by giving 14 Business Days’ written notice to the other party. On the expiry of the notice period, the Contract will terminate, without prejudice to the rights of the parties in respect of any breach of the Contract occurring prior to such termination.

13 Equality/Non Discrimination

The Supplier/Contractor shall comply (and shall procure that the Supplier/Contractor Personnel shall comply) with the provisions of the Equality Act 2010 and shall not discriminate or victimise or harass because of the Protected Characteristics (as defined in the Equality Act 2010 (currently being age, disability, gender (or sex), gender reassignment, marital or civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation) or as otherwise set out in such Act from time to time)).

14 Prevention of Corruption

14.1 The Supplier/Contractor shall not offer or give, or agree to give, to the Commission or any other public body or any person employed by or on behalf of the Commission or any other public body any gift or consideration of any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Contract or any other contract with the Commission or any other public body, or for showing or refraining from showing favour or disfavour to any person in relation to the Contract or any such contract.

14.2 The Supplier/Contractor warrants that it has not paid any commission, gift or inducement or agreed to pay any of the foregoing to the Commission or any other



public body or any person employed by or on behalf of the Commission or any other public body in connection with the Contract.

14.3 If the Supplier/Contractor, its employees, agents or contractors or anyone acting on the Supplier/Contractor’s behalf, engages in conduct prohibited by Conditions 14.1 or 14.2, the Commission may:

14.3.1 terminate the Contract and recover from the Supplier/Contractor the amount of any loss suffered by the Commission resulting from the termination, including the cost reasonably incurred by the Commission of making other arrangements for the supply of the Services and any additional expenditure incurred by the Commission throughout the remainder of the term of the Contract; or

14.3.2 recover in full from the Supplier/Contractor any other loss sustained by the Commission in consequence of any breach of those Conditions.

15 Prevention of Fraud

15.1 The Supplier/Contractor shall take all reasonable steps, in accordance with good industry practice, to prevent fraud by the Supplier/Contractor Personnel and the Supplier/Contractor (including its shareholders, members, directors) in connection with the receipt of monies from the Commission.

15.2 The Supplier/Contractor shall notify the Commission immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.

15.3 If the Supplier/Contractor or the Supplier/Contractor Personnel commits fraud in relation to this or any other contract with the Crown (including the Commission) the Commission may:

15.3.1 terminate the Contract and recover from the Supplier/Contractor the amount of any loss suffered by the Commission resulting from the termination, including the cost reasonably incurred by the Commission of making other arrangements for the supply of the Services and any additional expenditure incurred by the Commission throughout the remainder of the term of the Contract; or

15.3.2 recover in full from the Supplier/Contractor any other loss sustained by the Commission in consequence of any breach of this Condition.

16 Official Secrets Acts 1911 to 1989, S182 of the Finance Act 1989

16.1 The Supplier/Contractor shall comply with, and shall ensure that the Supplier/Contractor Personnel comply with, the provisions of:

16.1.1 the Official Secrets Acts 1911 to 1989; and

16.1.2 Section 182 of the Finance Act 1989.

16.2 In the event that the Supplier/Contractor or the Supplier/Contractor Personnel fail to comply with this Condition, the Commission reserves the right to terminate the Contract by giving notice in writing to the Supplier/Contractor.

17 Assignability

17.1 The Supplier/Contractor shall not assign sub-contract or sub-let its rights or obligations under the Contract except with the written consent of the Commission and upon such terms as the Commission may require.



18 Termination

18.1 The Supplier/Contractor shall notify the Commission in writing immediately upon the occurrence of any of the following events:

18.1.1 where the Supplier/Contractor is an individual: if a petition is presented for the Supplier/Contractor's bankruptcy or the sequestration of their estate or a criminal bankruptcy order is made against the Supplier/Contractor, or they are apparently insolvent, or they make 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 their affairs; or

18.1.2 where the Supplier/Contractor 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/Contractor to be wound up as an unregistered company; or

18.1.3 where the Supplier/Contractor is a company or corporate body, if such body passes a resolution for winding-up or dissolution (otherwise than for the purposes of and followed by an amalgamation or reconstruction) or the court makes an administration order or a winding-up order, or such body 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 floating charge.

18.2 The Commission may terminate the Contract by notice to the Supplier/Contractor with immediate effect:-

18.2.1 on the occurrence of any of the events described in Condition 18.1; or

18.2.2 if any of the circumstances set out in Conditions 5.2, 12.2, 14.3.1, 15.3.1, 16.2, 18.4, 19.2, 19.5 or 35.4.2 apply;

18.2.3 if the Supplier/Contractor commits a material breach of the Contract and (if such breach is capable of remedy) fails to remedy such breach within 30 days (or such other period as may be specified pursuant to Condition 5.2) of being required by the Commission in writing to do so; or

18.2.4 the Supplier/Contractor ceases to carry on business; or

18.2.5 the Supplier/Contractor or the Supplier/Contractor Personnel or the employees of any of them, does or fails to do anything which brings or might reasonably be expected to bring into disrepute the Commission, its officers, employees, clients or suppliers (including, but not limited to, committing an act of fraud or dishonesty or violence whether or not connected with the provision of the Services).

18.3 Upon termination pursuant to Condition 18.2, without prejudice to any other of its rights, the Commission may complete the Services or have them completed by a third party, using for that purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier/Contractor) all materials, plant and equipment on the Premises belonging to the Supplier/Contractor, and the Commission shall not be liable to make any further payment to the Supplier/Contractor until the Services have been completed in accordance with the requirements of the Contract, and shall be entitled to deduct from any amount due to the Supplier/Contractor the costs thereof incurred by the Commission (including the Commission's own costs). If the total cost to the Commission exceeds the amount (if any) due to the Supplier/Contractor, the difference shall be recoverable by the Commission from the Supplier/Contractor.



18.4 Without prejudice to the preceding provisions of this Condition and without prejudice to the Commission’s other rights or remedies under this Contract, in the event that the Commission becomes aware of any breach of Health and Safety Law by the Supplier/Contractor or any of its employees, or by any of the Supplier/Contractor’s sub-contractors or agents or any of their respective employees, the Commission may by notice in writing to the Supplier/Contractor suspend the further performance of this Contract until such time as it has investigated such breach. Following such investigation, and without prejudice to the Commission’s other rights and remedies under this Contract, the Commission may (if applicable) exercise its rights to terminate this Contract pursuant to this Condition 18 or may, by a further notice in writing, require the Supplier/Contractor to perform the Contract insofar as then remaining unperformed.

18.5 In addition to the rights of termination under Condition 18.2 the Commission may terminate this Contract by giving to the Supplier/Contractor not less than 90 days notice in writing to that effect.

18.6 Termination under Conditions 18.2, or 18.5 shall not prejudice or affect any right of action or remedy which have accrued or shall thereupon accrue to the Commission and shall not affect the continued operation of Conditions 3.4, 3.6, 4.1, 4.6, 5, 6, 10, 11, 18.3, 18.6, 18.7, 19, 20, 23, 24, 25, 26, 28, 29, 30, 31, 32, 37 and 38.

18.7 On the termination of the Contract for any reason, the Supplier/Contractor shall:-

18.7.1 immediately return to the Commission all confidential information, personal data and any materials related to intellectual property which are in its possession or under the control of any permitted suppliers or sub-contractors, which was obtained or produced in the course of providing the Services;

18.7.2 immediately deliver to the Commission all property (including materials, documents, information and access keys) provided to the Supplier/Contractor. Such property shall be handed back in good working order (allowances shall be made for reasonable wear and tear);

18.7.3 assist and co-operate with the Commission to ensure an orderly transition of the provision of the Services to the replacement supplier/contractor and/or the completion of any work in progress;

18.7.4 promptly provide all information concerning the provision of the Services which may reasonably be requested by the Commission for the purposes of adequately understanding the manner in which the Services have been provided or for the purpose of allowing the Commission or replacement supplier/contractor to conduct due diligence.

19 Remedies in the event of inadequate performance

19.1 Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Supplier/Contractor’s obligations under the Contract, then the Commission shall notify the Supplier/Contractor, and where considered appropriate by the Commission, investigate the complaint. The Commission may, in its sole discretion, uphold the complaint and take further action in accordance with Condition 18 above.



19.2 In the event that the Commission is of the reasonable opinion that there has been a material breach of the Contract by the Supplier/Contractor, then the Commission may, without prejudice to its rights under Condition 18, do any of the following:

19.2.1 without terminating the Contract, itself supply or procure the supply of all or part of the Services until such time as the Supplier/Contractor shall have demonstrated to the reasonable satisfaction of the Commission that the Supplier/Contractor will once more be able to supply all or such part of the Services in accordance with the Contract;

19.2.2 without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the contract price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or

19.2.3 terminate, in accordance with Condition 18, the whole of the Contract.

19.3 Without prejudice to its right under any other provision of the Contract, the Commission may charge the Supplier/Contractor for any costs reasonably incurred and any reasonable administration costs in respect of the supply of any part of the Services by the Commission or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier/Contractor for such part of the Services and provided that the Commission uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services.

19.4 If the Supplier/Contractor fails to supply any of the Services in accordance with the provisions of the Contract and such failure is capable of remedy, then the Commission shall instruct the Supplier/Contractor to remedy the failure and the Supplier/Contractor shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within 10 Business Days or such other period of time as the Commission may direct.

19.5 In the event that:

19.5.1 the Supplier/Contractor fails to comply with Condition 19.4 above and the failure is materially adverse to the interests of the Commission or prevents the Commission from discharging a statutory duty; or

19.5.2 the Supplier/Contractor persistently fails to comply with Condition 19.4 above,

the Commission may terminate the Contract with immediate effect by notice in writing.

20 Removal from Site

20.1 The Supplier/Contractor shall within one month of the termination of the Contract or completion of the Services, whichever is the earlier, remove their plant, equipment, erections and unused materials and shall clear away from the Premises all rubbish arising out of the Services and leave the Premises in a neat and tidy condition.

20.2 Should the Supplier/Contractor fail to remove such plant, equipment, erections or unused materials within the time specified, it shall be regarded as having abandoned such items (but so that the Supplier/Contractor shall remain liable for all injury or damage caused by such items) and the Commission shall be entitled to retain or remove them as it thinks fit. The Supplier/Contractor shall on demand reimburse the Commission for all costs incurred in removing or disposing of any such items so abandoned and making good any damage resulting therefrom.



21 Compliance with Regulations

21.1 The Supplier/Contractor shall ensure that, in the course of and in connection with the performance of the Contract, it and the Supplier/Contractor Personnel and their respective employees, comply with all applicable requirements of European Community, national and local laws, regulations, statutory instruments, orders or legislative provisions in force from time to time and, without prejudice to the foregoing generality:

21.2 the Supplier/Contractor shall ensure that it and the Supplier/Contractor Personnel are fully acquainted with, and comply in all respects with the terms of, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (“RIDDOR”); the Supplier/Contractor shall ensure that the Commission is notified immediately of any death, injury, disease or dangerous occurrence in respect of which notification requires to be given by a responsible person under RIDDOR, and that the Commission receives all relevant details that require to be included in a report by a responsible person under RIDDOR forthwith, in order to enable the necessary report to be submitted;

21.3 the Supplier/Contractor shall ensure that it and the Supplier/Contractor Personnel are fully acquainted with, and comply in all respects with the terms of, the Forestry Commission Byelaws 1982 (where applicable) and any amendment or addition thereto which may from time to time be notified to the Supplier/Contractor by the Commission (the “Byelaws”).

Copies of booklets containing the regulations laid down by RIDDOR and the Byelaws are held by the local Forest District Manager. The Supplier/Contractor shall observe such reasonable verbal or written instructions as may be issued by Commission officers in relation to compliance with RIDDOR and/or the Byelaws.

22 Insurance

22.1 Throughout the term of the Contract, the Supplier/Contractor shall have in force and shall require any sub-contractor to have in force:

22.1.1 employer's liability insurance in accordance with any legal requirements for the time being in force, and

22.1.2 public liability insurance for such sum and range of cover as the Supplier/Contractor deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £5 million for any one incident and unlimited in total, unless otherwise agreed by the Commission in writing.

22.2 The policy or policies of insurance referred to in Condition 22.1 shall be shown to the Commission whenever requested, together with satisfactory evidence of payment of premiums.

23 Settlement of Disputes

If any dispute or difference of any kind shall arise out of any of the provisions of the Contract upon which agreement cannot be reached between the Commission and the Supplier/Contractor, the dispute or difference shall be referred in the first instance to the relevant Unit Manager of the Commission and the relevant Contract Manager of the Supplier/Contractor, who shall attempt to resolve the matter in good faith. If no such resolution can be reached within 14 Business Days of the matter being referred to them, the matter shall be further escalated to the relevant Country Head of the Commission and a Senior Executive of the Supplier/Contractor, who shall again attempt to resolve the matter in good faith. If no such resolution can be reached within 20 Business Days



of the matter being further escalated, the parties may pursue their usual legal remedies in accordance with the terms of the Contract. For the avoidance of doubt, nothing in this Clause shall prevent the Commission from seeking injunctive relief in any court of competent jurisdiction in respect of a breach or threatened breach of Clause 28 (Confidentiality).

24 Waiver

The failure by the Commission to enforce at any time or for any period any one or more of the terms and conditions of the Contract shall not be a waiver of its rights at any time subsequently to enforce all terms and conditions of the Contract.

25 Supplier/Contractor's Status and Personnel

25.1 In carrying out the Services the Supplier/Contractor shall be acting as principal and not as the agent of the Commission. Accordingly:-

25.1.1 the Supplier/Contractor shall not (and shall procure that the Supplier/Contractor Personnel do not) say or do anything that might lead any other person to believe that the Supplier/Contractor is acting as the agent of the Commission, and

25.1.2 nothing in this Contract shall impose any liability on the Commission in respect of any liability incurred by the Supplier/Contractor to any other person but this shall not be taken to exclude or limit any liability on the Commission to the Supplier/Contractor that may arise by virtue of either a breach of this Contract or any negligence on the part of the Commission, its employees or agents.

25.2 Nothing in the Contract shall have the effect of making the Supplier/Contractor (or any of its employees or representatives) an employee of the Commission or the Crown.

25.3 The Supplier/Contractor shall:

25.3.1 only provide personnel who are employees of the Supplier/Contractor and who possess the appropriate experience, skills and qualifications necessary for the Services to be performed in accordance with the Contract; and

25.3.2 be responsible for ensuring that such personnel are legally entitled to work in the United Kingdom and to provide services of the nature of the Services, and shall act as a responsible employer in its recruitment policies and comply with all current employer good practice, including in relation to equality and diversity.

25.4 The Supplier/Contractor shall take the steps reasonably required by the Commission to prevent unauthorised persons being admitted to the Premises. If the Commission gives the Supplier/Contractor notice that any person is not to be admitted to or is to be removed from the Premises or is to be removed from involvement in the performance of the Contract, the Supplier/Contractor shall take all reasonable steps to comply with such notice and if required by the Commission the Supplier/Contractor shall replace any person removed under this Condition with another suitably qualified person in accordance with Condition 25.3 and procure that any pass issued to the person removed is surrendered.

25.5 The decision of the Commission 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/Contractor has furnished the information or taken the steps required of them by this Condition shall be final and conclusive.

26 Sub-Contractors



26.1 The Supplier/Contractor shall remain liable for the performance of all its obligations under the Contract notwithstanding its employment of any authorised sub-contractor. Any act or omission of any sub-contractor (or agent or employee of the Supplier/Contractor or of any such sub-contractor or employee) shall be deemed to be the act or omission of the Supplier/Contractor, who shall be responsible therefor.

26.2 The Commission shall be entitled upon giving 24 hours notice, save in emergencies where its entitlement will have immediate effect, to veto the use by the Supplier/Contractor of any sub-contractor that the Commission does not consider suitable to carry out the obligations in this Contract. The Supplier/Contractor shall ensure that such contractor or sub-contractor shall immediately cease any activities and vacate the Premises and Authorised Access Routes. For the avoidance of doubt, the prior approval of such sub-contractor by the Commission pursuant to Condition 14 shall not prejudice the rights of the Commission under this Condition 26.2.

27 Notices

27.1 Any notice given under the Contract may be given by hand or sent by first class recorded delivery post or sent by email to the other party at the address stated in the Contract or such other address as may from time to time be notified in writing to the party giving such notice by the party to whom such notice is given.

27.2 Any notice given or served by post will be deemed given on the second Business Day after the date of posting and in proving that any notice was so given, it will be necessary only to prove that the same was properly addressed and posted. Any notice given by email shall be deemed to have been received at 9am on the Business Day after sending, provided that no failed delivery notice is received.

28 Confidentiality

28.1 For the purposes of the Contract, “Confidential Information” shall mean any information, however it is conveyed, that relates to the business, affairs, developments, trade secrets, know-how, personnel and suppliers of either party, including intellectual property rights, together with all information derived from the above, and any other information clearly designated as being confidential (whether or not it is marked as "confidential") or which ought reasonably to be considered to be confidential (and shall, in the case of the Commission, include Personal Data (as defined in the Data Protection Act 1998)). Except to the extent set out in this Condition or where disclosure is expressly permitted elsewhere in the Contract, each of the Commission and the Supplier/Contractor shall:

28.1.1 treat the other party's Confidential Information as confidential and safeguard it accordingly; and

28.1.2 not disclose the other party's Confidential Information to any other person without the other party’s prior written consent.

28.2 Condition 28.1 shall not apply to the extent that:28.2.1 such disclosure is a legal requirement placed upon the party making the disclosure,

including any requirements for disclosure under the FOIA (as defined in Condition 30) or the Environmental Information Regulations pursuant to Condition 30;

28.2.2 such information was in the possession of the party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner;

28.2.3 such information was obtained from a third party without obligation of confidentiality;



28.2.4 such information was already in the public domain at the time of disclosure otherwise than by a breach of the Contract; or

28.2.5 it is independently developed without access to the other party's Confidential Information.

28.3 The Supplier/Contractor shall not, and shall procure that the Supplier/Contractor Personnel do not, use any of the Commission’s Confidential Information received otherwise than for the purposes of the Contract.

28.4 The Supplier/Contractor may only disclose the Commission’s Confidential Information to the Supplier/Contractor Personnel who are directly involved in the provision of the Services and who need to know the information, and shall ensure that such Supplier/Contractor Personnel are aware of, acknowledge the importance of, and comply with these obligations as to confidentiality. In the event that any default, act or omission of any Supplier/Contractor Personnel causes or contributes (or could cause or contribute) to the Supplier/Contractor breaching its obligations as to confidentiality under or in connection with the Contract, the Supplier/Contractor shall take such action as may be appropriate in the circumstances, including the use of disciplinary procedures in serious cases. To the fullest extent permitted by its own obligations of confidentiality to any Supplier/Contractor Personnel, the Supplier/Contractor shall provide such evidence to the Commission as the Commission may reasonably require (though not so as to risk compromising or prejudicing the case) to demonstrate that the Supplier/Contractor is taking appropriate steps to comply with this Condition, including copies of any written communications to and/or from Supplier/Contractor Personnel, and any minutes of meetings and any other records which provide an audit trail of any discussions or exchanges with Supplier/Contractor Personnel in connection with obligations as to confidentiality.

28.5 Nothing in the Contract shall prevent the Commission from disclosing the Supplier/Contractor's Confidential Information:

28.5.1 to any Crown body or any other Contracting Authority (as defined in Regulation 5(2) of the Public Contracts (Works, Services and Supply) (Amendment) Regulations 2000). All Crown bodies or Contracting Authorities receiving such Confidential Information shall be entitled to further disclose the Confidential Information to other Crown bodies or other Contracting Authorities on the basis that the information is confidential and is not to be disclosed to a third party which is not part of any Crown body or any Contracting Authority;

28.5.2 to any consultant, contractor or other person engaged by the Commission or any person conducting an Office of Government Commerce gateway review;

28.5.3 for the purpose of the examination and certification of the Commission’s accounts; or28.5.4 for any examination pursuant to Section 6(1) of the National Audit Act 1983 of the

economy, efficiency and effectiveness with which the Commission has used its resources.

28.6 The Commission shall use all reasonable endeavours to ensure that any government department, Contracting Authority, employee, third party or Sub-contractor to whom the Supplier/Contractor's Confidential Information is disclosed pursuant to Condition 28.5 is made aware of the Commission’s obligations of confidentiality.

28.7 Nothing in this Condition 28 shall prevent either party from using any techniques, ideas or know-how gained during the performance of the Contract in the course of its normal business to the extent that this use does not result in a disclosure of the other party's Confidential Information or an infringement of the intellectual property rights of the other party.

29 Intellectual Property



29.1 It shall be a condition of the Contract that, except to the extent that the Services incorporate designs furnished by the Commission that nothing done by the Supplier/Contractor in the performance of the Services shall infringe any patent, trade mark, registered design, copyright or other right in the nature of intellectual property ("Intellectual Property") of any third party and the Supplier/Contractor shall indemnify the Commission against all actions, claims, demands, costs and expenses which the Commission may suffer or incur as a result of or in connection with any breach of this Condition.

29.2 All rights (including ownership and Intellectual Property) in any discoveries, inventions, processes, reports, documents, specifications, software, instructions, plans, drawings, patents, models or designs, or other materials, whether in writing or on magnetic or other media ("materials"):

29.2.1 furnished to or made available to the Supplier/Contractor by the Commission shall remain vested in the Commission or the Crown (as the case may be);

29.2.2 prepared by or for the Supplier/Contractor for use, or intended use, in relation to, or made in the course of, the performance of this Contract are hereby assigned to and shall vest in the Commission (or at its option, the Crown) absolutely and (without prejudice to Condition 28) the Supplier/Contractor shall not and shall procure that the Supplier/Contractor Personnel shall not (except to the extent necessary for the implementation of this Contract), without the prior written consent of the Commission, use or disclose any such materials.

29.3 The Supplier/Contractor shall execute any document and do any thing as may be required to ensure that all rights referred to in Condition 29.2 above are vested in the Commission (or at the Commission's option, the Crown).

29.4 The Supplier/Contractor hereby irrevocably waives in favour of the Commission any moral rights it may have in terms of the Copyright, Designs and Patents Act 1988, and any similar rights available in any part of the world, and shall procure that all employees, third parties and sub-contractors used in the performance of these Services shall similarly waive such moral rights.

30 Freedom of Information

30.1 The Supplier/Contractor acknowledges that the Commission is subject to the requirements of the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (together with any subordinate legislation made thereunder and any guidance and/or codes of practice issued in relation thereto) and shall assist and cooperate with the Commission to enable the Commission to comply with its information disclosure obligations.

30.2 The Supplier/Contractor shall (and shall procure that the Supplier/Contractor Personnel) shall:

30.2.1 transfer to the Commission all requests for information that it receives as soon as practicable and in any event within two Business Days of receiving such a request;

30.2.2 provide the Commission with a copy of all information in its possession or power, in the form that the Commission requires, within five Business Days (or such other period as the Commission may specify) of the Commission’s request; and

30.2.3 provide all necessary assistance as reasonably requested by the Commission to enable the Commission to respond to the request for information within the time for compliance set out in the FOIA or the Environmental Information Regulations 2004.

30.3 The Commission shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other agreement whether



any commercially sensitive information and/or any other information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Supplier/Contractor respond directly to a request for information unless expressly authorised to do so by the Commission.

30.4 The Supplier/Contractor acknowledges that (notwithstanding the provisions of this Condition 30) the Commission may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations 2004 to disclose information concerning the Supplier/Contractor or the Services:

30.4.1 in certain circumstances without consulting the Supplier/Contractor; or30.4.2 following consultation with the Supplier/Contractor and having taken their views into

account;provided always that where Condition 30.4.1 applies the Commission shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier/Contractor advanced notice, or failing that, to draw the disclosure to the Supplier/Contractor’s attention after any such disclosure.

30.5 The Supplier/Contractor shall ensure that all information (as defined in the FOIA) is retained for disclosure and shall permit the Commission to inspect such records as requested from time to time.

31 Data Protection

31.1 With respect to the parties' rights and obligations under the Contract, the parties agree that the Commission is the Data Controller and that the Supplier/Contractor is the Data Processor. For the purposes of this Condition 31, the terms “Data Processor”, “Data Controller”, “Personal Data” and “Processing” shall have the meanings given to them by the Data Protection Act 1998. The “Data Protection Legislation” shall mean the Data Protection Act 1998 and all other applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

31.2 The Supplier/Contractor shall:31.2.1 process the Personal Data only in accordance with instructions from the Commission

(which may be specific instructions or instructions of a general nature as set out in the Contract or as otherwise notified by the Commission to the Supplier/Contractor during the term of the Contract);

31.2.2 process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by law or any regulatory body;

31.2.3 implement appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful Processing, accidental loss, destruction or damage to the Personal Data and having regard to the nature of the Personal Data which is to be protected;

31.2.4 take reasonable steps to ensure the reliability of any Supplier/Contractor Personnel who have access to the Personal Data;

31.2.5 obtain prior written consent from the Commission in order to transfer the Personal Data to any sub-contractors or affiliates for the provision of the Services;

31.2.6 ensure that all Supplier/Contractor Personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this Condition 31;



31.2.7 ensure that none of Supplier/Contractor Personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Commission;

31.2.8 notify the Commission (within five Business Days) if it receives a request from a Data Subject to have access to that person's Personal Data; or a complaint or request relating to the Commission’s obligations under the Data Protection Legislation;

31.2.9 provide the Commission with full cooperation and assistance in relation to any complaint or request made, including by:

31.2.9.1 providing the Commission with full details of the complaint or request;31.2.9.2 complying with a data access request within the relevant timescales set out in

the Data Protection Legislation and in accordance with the Commission’s instructions;

31.2.9.3 providing the Commission with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Commission); and

31.2.9.4 providing the Commission with any information requested by the Commission;31.2.10 permit the Commission or its representative (subject to reasonable and

appropriate confidentiality undertakings), to inspect and audit the Supplier/Contractor's data Processing activities (and/or those of its agents, subsidiaries and sub-contractors) and comply with all reasonable requests or directions by the Commission to enable the Commission to verify and/or procure that the Supplier/Contractor is in full compliance with its obligations under the Contract; and

31.2.11provide a written description of the technical and organisational methods employed by the Supplier/Contractor for processing Personal Data (within the timescales required by the Commission).

31.2.12The Supplier/Contractor warrants that it shall comply at all times with the Data Protection Legislation and shall not perform its obligations under the Contract in such a way as to cause the Commission to breach any of its applicable obligations under the Data Protection Legislation.

32 Severance

32.1 If a court or an appropriate authority decide that any part of the Contract is invalid or unenforceable the remaining parts will still apply.

33 Entire Agreement and Amendment

33.1 The Contract contains the whole agreement between the parties in respect of the subject matter and supersedes and replaces all prior proposals, agreements, representations and negotiations relating thereto, whether written or oral or implied between the parties or their respective advisers, unless otherwise provided herein. No modification or alteration of the Contract shall be validly made unless in writing and signed by or on behalf of both parties hereto.

34 Warranties

34.1 The Supplier/Contractor warrants and undertakes that:

34.1.1 the Supplier/Contractor has full capacity and authority and all necessary licences, permits and consents to enter into and to perform the Contract;

34.1.2 the Services shall be performed in compliance with all applicable laws, orders, regulations, codes of practice and other similar instruments; and

34.1.3 the Services shall be performed and delivered in accordance with the Contract.



34.2 Each of the parties warrants and undertakes that:

34.2.1 it has power and authority to enter into the Contract; and

34.2.2 it is not aware, as at the date of the Contract, of anything within its reasonable control that might or would adversely affect its ability to fulfil its obligations under the Contract.

35 Variation

35.1 The Supplier/Contractor must not change the specification of the Services, or the material or equipment being supplied without the prior written agreement of the Commission.

35.2 Subject to the provisions of this Condition 35.2, the Commission may request a variation to the specification provided that such variation does not amount to a material change to the specification. Such a change is hereinafter called a “Variation”.

35.3 The Commission may request a Variation by notifying the Supplier/Contractor in writing of the Variation and giving the Supplier/Contractor sufficient information to assess the extent of the variation and consider whether any change to the Contract price is required in order to implement the Variation. The Commission shall specify a time limit within which the Supplier/Contractor shall respond to the request for a Variation. Such time limit shall be reasonable having regard to the nature of the Variation. If the Supplier/Contractor accepts the Variation it shall confirm the same to the Commission in writing.

35.4 In the event that the Supplier/Contractor is unable to accept the Variation to the specification or where the parties are unable to agree a change to the Contract price, the Commission may:

35.4.2 allow the Supplier/Contractor to fulfil its obligations under the Contract without the variation to the specification; or

35.4.2 terminate the Contract with immediate effect, except where the Supplier/Contractor has already delivered all or part of the Services or where the Supplier/Contractor can show evidence of substantial work being carried out to fulfil the requirements of the specification; and in such cases the parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the dispute resolution procedure detailed at Condition 23.

36 Contracts (Rights of Third Parties) Act 1999

36.1 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on them, without the prior written agreement of the Commission and the Supplier/Contractor. This Condition does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999 and does not apply to the Crown. This Condition shall not apply in the event that the Contract is governed by Scots law.

37 Remedies Cumulative

37.1 Except as otherwise expressly provided by the Contract, all remedies available to either the Commission or the Supplier/Contractors for breach of the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.



38 Publicity, Media and Official Enquiries

38.1 Without prejudice to the Commission’s obligations under the FOIA, neither the Supplier/Contractor nor the Commission shall make any press announcement or publicise the Contract or any part thereof in any way, except with the written consent of the other party.

38.2 Both the Supplier/Contractor and the Commission shall take reasonable steps to ensure that their servants, employees, agents, sub-contractors, suppliers, professional advisors and consultants comply with Condition 38.1.


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