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Northern Lighthouse Board TENDER FOR THE PROVISION OF MAIN ENGINE SERVICES REFERENCE: OPSH/ENG/1457 SPECIFICATION & PRICING Page 1 of 70 This Tender has been created in MS Word 2013 and is designed to be completed electronically. If you have downloaded this Tender from out Buyer Profile can you please register your interest with Ruth Millan, Procurement Administrator by email

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Page 1: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

TENDER FOR THE PROVISION OF MAIN ENGINE SERVICES

REFERENCE OPSHENG1457

SPECIFICATION amp PRICING

Page 1 of 51

This Tender has been created in MS Word 2013 and is designed to be completed electronically

If you have downloaded this Tender from out Buyer Profile can you please register your interest with Ruth Millan Procurement Administrator by email to Procurementnlborguk This will ensure that you are provided with any subsequent clarification information

Northern Lighthouse Board

Contents

Introduction 3

Background Information 4

Point of Contact 5

Submitting a Tender 6

Description of Works 7

Pricing Schedule 10

Tender Submission Requirements 12

Standard Selection Questionnaire 16

Grounds for Disqualification 30

Instructions to Tenderers 35

Declaration of Non-Collusion 38

Form of Tender 39

Evaluation Matrix 40

Tender Return Label 51

Page 2 of 51

Northern Lighthouse Board

Introduction

Please ensure you understand all aspects of this ITT All information contained within this ITT will be used by the Commissioner of Northern Lighthouses operating as the Northern Lighthouse Board (NLB) for the purposes of this project only This ITT is non-transferable if you decide you do not wish to tender please inform Ruth Millan Procurement Administrator Email Procurementnlborguk as soon as possible and where possible explain why you have decided not to tender

No information contained in this ITT or in any communication made between NLB and any Tenderer in connection with this ITT shall be relied upon as constituting a contract agreement or representation that any contract shall be offered in accordance with this ITT NLB reserves the right subject to the appropriate procurement regulations to change without notice the basis of or the procedures for the competitive tendering process or to terminate the process at any time Under no circumstances shall NLB incur any liability in respect of this ITT or any supporting documentation

Direct or indirect canvassing of any NLB Commissioners NLB staff public sector employee or agent by any potential bidder concerning this requirement or any attempt to procure information from any NLB Commissioner NLB Staff public sector employee or agent concerning this ITT may result in the disqualification of the Tenderer from consideration for this requirement

NLB will not reimburse any costs incurred by Tenderers in connection with preparation and submission of their responses to this ITT

All information contained within this ITT will be used to inform NLBrsquos project boardteam relating to this project alone

Tenderers are advised to answer all questions While a lack of response may not preclude you from consideration NLB will request no further information before the evaluation of responses and the issuing of the invitations to tender Therefore it is in your interest to ensure that your submission is complete at the time of sending You may provide additional information if relevant with your tender submission

Tenders must be explicit and comprehensive in their responses to invitation to tender and are advised neither to make any assumptions about their past or current supplier relationships with the GLAs nor to assume that such prior business relationships will be taken into account in the evaluation procedure Submitted tenders will be evaluated solely on the evaluation criteria detailed in Annex VI

In accordance with EU and UK legislation and public sector transparency guidelines please be aware that NLB contracts will be advertised and also published following contract award Information in relation to the contracts will be within the public domain your attention is drawn to Page 14 ndash Freedom of Information Act 2000

Page 3 of 51

Northern Lighthouse Board

Background Information

The Commissioners of Northern Lighthouses ndash operating as the Northern Lighthouse Board (NLB) and the Corporation of Trinity House (England Wales Channel Islands and Gibraltar) together with the Commissioners of Irish Lights (the whole of Ireland - are the General Lighthouse Authorities (GLAs) with responsibility subject to certain provisions for the superintendence and management of ldquoall lighthouses buoys and beaconsrdquo throughout their respective geographical areas including ldquothe adjacent seas and islandsrdquo within and beyond territorial waters In all the GLAs provide some 1200 traditional aids complemented by a mix of radio navigation aids for the safety of all mariners engaged in general navigation irrespective of who pays for the service the size or type of the vessel her equipment fit the competence of her crew or her flag

Through an agreement with the Government of the Irish Republic the three GLAs provide an integrated network of Aids to Navigation around the British Isles This discharges both the United Kingdom and Irish Governmentsrsquo obligation under the International Maritime Organizationrsquos Safety of Life at Sea Convention

The costs of the GLArsquos services are met from the General Lighthouse Fund (GLF) The income to the GLF comes mostly from light dues which are charged on commercial shipping at United Kingdom and Republic of Ireland ports There is no provision for Exchequer funding except in the Republic of Ireland and in relation to guarantees under the GLAsrsquo borrowing powers The Secretary of State for Transport has a duty to ensure the effective management of the GLF and enable the adequate provision of aids to navigation at the minimum cost

The Northern Lighthouse Board carries out the functions of the Commissioners of Northern Lighthouses who are constituted in terms of and are given certain powers and duties by Part VIII of and Schedules 8 and 9 to the Merchant Shipping Act 1995 The subject matter of that Act is a reserved matter under Section 30 of and Schedule 5 to the Scotland Act 1998 and in terms of Section 29 of the Scotland Act 1998 The Boards affairs will continue to be subject to legislation passed by the United Kingdom Parliament Ministerial responsibility will remain with the Department for Transport

Under Section 193 of the Merchant Shipping Act 1995 NLB is the GLA for Scotland and adjacent seas and islands and the Isle of Man and under Section 195 is vested with the responsibility for the superintendence and management of all lighthouses buoys and beacons Our Head Office is at 84 George Street Edinburgh EH2 3DA We have a waterfront operating base in Oban on Scotlandrsquos West Coast and it supports our ships and buoy maintenance work and provides facilities for helicopters We have smaller business premises in the Northern Isles and Inverness

The efficiency of our Aids to Navigation are measured against international standards set by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) IALA is a non-profit non-governmental international technical association IALArsquos aim is to harmonize aids to navigation worldwide and to ensure that the movements of vessels are safe expeditious cost effective and harmless to the environment

Within its area of jurisdiction as a General Lighthouse Authority NLB has various powers and responsibilities in connection with the provision maintenance alteration inspection and control of lighthouses buoys and beacons under Section 197 of the 1995 Act as amended NLB also has Wreck Removal powers under Section 253 of the Act

For further information please see our website wwwnlborguk

Page 4 of 51

Northern Lighthouse Board

Point of Contact

All enquiries must be addressed to Ruth Millan Procurement Administrator as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Tuesday 9 January 2018

The closing date for receipt of tender is Wednesday 17 January 2018 at 1200 hours You should note that NLB may seek amplifying information from Tenderers or from third parties in amplification of any part of the submission

Ruth MillanProcurement AdministratorNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukDirect Tel 0131 473 3104

Completed Tenders should be forwarded using the label provided to

Director of Business ServicesNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

NLB have a strict procedure for the control of information and the management of its tender processes All tender submissions received prior to the tender return deadline with be placed by our Reception Staff within a double locked tender box The Director of Business Services and Commercial Manager each have one key to this box and they or their representatives must both be present to enable opening This box is only opened after the tender return deadline and the tenders for each project are removed for opening and the box locked Therefore it is essential that the outer envelope of your tender bears the tender label provided

Tenders are opened by the Director of Business Services and the Commercial Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Commercial Section for evaluation

You must address all aspects of pricing within your tender submission including the method for charging the service additional services required recoverable expenses etc Please ensure that you detail all costs involved with the service provision and any associated costs NLB will not be liable for any unidentified costs

Please do not hasten the progress of your tender All Tenderers will be advised at appropriate stages of the evaluation process and there is no advantage to be made by hastening progress

Page 5 of 51

Northern Lighthouse Board

Submitting a Tender

All Tenders are submitted entirely at the cost of the Tenderer NLB will not be responsible for any costs associated with any tender submission or subsequent activities Tenders received after the closing date and those not providing the correct number of copies of all information may not be considered

Whilst Tenders must be returned in hardcopy using the label provided you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref OPSHENG1457 as the subject of the email We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender This email box is only opened following the deadline and the above procedure still applies Tenders received after the closing date will not be considered Emailed copies will only be accepted if the hard copy is received within two working days of this deadline

Tenderers should include a single point of contact in their organisation for their response to the ITT NLB will not be responsible for contacting the Tenderer through any route other than the nominated contact The Tenderer must therefore undertake to notify any changes relating to the contact promptly Please ensure you provide full contact details including an email address landline and mobile telephone number

NLB may request to visit your premises visit a reference site or undertake any appropriate action required as part of the tender evaluation and you may also be asked to attend an interview and make a formal presentation to NLBrsquos Project Team Interviews will be held in NLB premises at 84 George Street Edinburgh EH2 3DA Scotland United Kingdom and attendance is entirely at your own cost The final detail of such requests will be identified at the tender evaluation stage all requests will be made in writing and appropriate conditions for participation may be attached

Page 6 of 51

Northern Lighthouse Board

The Requirement

The Northern Lighthouse Boardrsquos vessels NLV Pharos and NLV Pole Star are due servicing on the following Engines This contract will run from February 2018 run for a period of 3 years

The below listed engine services are planned for the period of the agreement these services may be altered be cancelled or additional services added They are only listed for reference to highlight what NLB has currently planned in order that the Tenderer can place a competitive bid

NLB will supply all spares and tools for these services Tenderer to supply a man day rate for one year for these services and for breakdowns All engine work during this 3 year agreement will be awarded to the Tenderer pending the availability of the service engineers NLB will provide a minimum of 6 weeksrsquo notice for planned services Breakdownrsquos may be at short notice if the Tenderer does not have available service engineer due these time constraints then the NLB reserves the right to use another 3rd party for the works

Engine work on NLV Pharos limited to 3x Wartsila 8L20 and 2x Wartsila 4L20 enginesEngine work on NLV Pole Star limited to 3x CumminsWartsila CW8L170 engines

Tenderer to provide fixed mileage allowance and hourday travel rates for the service engineers Most services will be done in Scotland though it is possible some may be done in England and Ireland

Tenderer to state if their service engineers will use the vessel accommodation and meals if available on the vessel to save additional costs Tenderer to provide fixed day price for Accommodation amp meals per manday should vessel accommodation not be available

Prior to scheduled service work NLB will provide a detailed scope In return and no later than 3 weeks prior to the start of the scheduled maintenance period Tenderer to provide scheduled plan of work (method statement) including amount of service engineers and timeframe for completing the works A risk assessment (RA) for the works should also be provided at this time this RA should be reviewed just prior to commencement of the work in case new risks have been identified

All work should be done under the NLBs Permit to Work System (or DRYDOCKS Permit to Work system) A toolbox talk to be had with the service engineers and vesselrsquos Technical staff

On completion of works the Tenderer is required to test runcommission the engine andor new parts Tenderer may have to write procedures for this at NLBs request

Prior to invoicing a written detailed report is required for our records after each service including photographs and measurements with a list of the spare parts used

Tenderer to also quote for overhauling a cylinder head for each engine type cost will be excluding spares NLB will provide all required spares or may request a quote for these spares from the Tenderer

The service will typically fall in the month of February for NLV Pharos and September for NLV Pole Star however this is subject to change

For the pending NLV Pharos work for February 2018 shown directly below This is the actual work scope required and is not just for reference As such please provide the amount of service engineers and timeframe for completing this work along with your service engineerrsquos availability Also please send a Risk Assessment and a Method Statement and programme of works

The successful contractor will have the opportunity to view the Engines on board either during the initial service in February or a mutually agreed date

Page 7 of 51

Northern Lighthouse Board

NLV PHAROS

Port Aft Main Engine Waumlrtsilauml 8L20Due February 2018 - Estimated 16 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2019 - Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Centre Fwd Main Engine Waumlrtsilauml 4L20Due February 2019 - Estimated 14 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates) Overhaul LO HT amp LT pumps

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2020 - Estimated 8 man days

This engine will not be due planned maintenance work (based on running hours) however it will be due a Class 5 yearly inspection We will keep this inspection to a minimum allowed by the surveyor conformation of the works will be given prior to the inspection but for budgeting purposes base your quote on Class survey overhaul and inspection of engine to appease the class surveyor Opening of two bottom end bearings and one main bearing Remove of two cylinder heads for liner and valve inspection Boroscope of LO amp Air cooler and Turbo Charger

Stbd Fwd Main Engine Waumlrtsilauml 4L20Due February 2021 - Estimated 4 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Aft Main Engine Waumlrtsilauml 8L20Due - February 2021 Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Page 8 of 51

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

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Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

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appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

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Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

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Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

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Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

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Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

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Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

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Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

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Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

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Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

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Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

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with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 2: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Contents

Introduction 3

Background Information 4

Point of Contact 5

Submitting a Tender 6

Description of Works 7

Pricing Schedule 10

Tender Submission Requirements 12

Standard Selection Questionnaire 16

Grounds for Disqualification 30

Instructions to Tenderers 35

Declaration of Non-Collusion 38

Form of Tender 39

Evaluation Matrix 40

Tender Return Label 51

Page 2 of 51

Northern Lighthouse Board

Introduction

Please ensure you understand all aspects of this ITT All information contained within this ITT will be used by the Commissioner of Northern Lighthouses operating as the Northern Lighthouse Board (NLB) for the purposes of this project only This ITT is non-transferable if you decide you do not wish to tender please inform Ruth Millan Procurement Administrator Email Procurementnlborguk as soon as possible and where possible explain why you have decided not to tender

No information contained in this ITT or in any communication made between NLB and any Tenderer in connection with this ITT shall be relied upon as constituting a contract agreement or representation that any contract shall be offered in accordance with this ITT NLB reserves the right subject to the appropriate procurement regulations to change without notice the basis of or the procedures for the competitive tendering process or to terminate the process at any time Under no circumstances shall NLB incur any liability in respect of this ITT or any supporting documentation

Direct or indirect canvassing of any NLB Commissioners NLB staff public sector employee or agent by any potential bidder concerning this requirement or any attempt to procure information from any NLB Commissioner NLB Staff public sector employee or agent concerning this ITT may result in the disqualification of the Tenderer from consideration for this requirement

NLB will not reimburse any costs incurred by Tenderers in connection with preparation and submission of their responses to this ITT

All information contained within this ITT will be used to inform NLBrsquos project boardteam relating to this project alone

Tenderers are advised to answer all questions While a lack of response may not preclude you from consideration NLB will request no further information before the evaluation of responses and the issuing of the invitations to tender Therefore it is in your interest to ensure that your submission is complete at the time of sending You may provide additional information if relevant with your tender submission

Tenders must be explicit and comprehensive in their responses to invitation to tender and are advised neither to make any assumptions about their past or current supplier relationships with the GLAs nor to assume that such prior business relationships will be taken into account in the evaluation procedure Submitted tenders will be evaluated solely on the evaluation criteria detailed in Annex VI

In accordance with EU and UK legislation and public sector transparency guidelines please be aware that NLB contracts will be advertised and also published following contract award Information in relation to the contracts will be within the public domain your attention is drawn to Page 14 ndash Freedom of Information Act 2000

Page 3 of 51

Northern Lighthouse Board

Background Information

The Commissioners of Northern Lighthouses ndash operating as the Northern Lighthouse Board (NLB) and the Corporation of Trinity House (England Wales Channel Islands and Gibraltar) together with the Commissioners of Irish Lights (the whole of Ireland - are the General Lighthouse Authorities (GLAs) with responsibility subject to certain provisions for the superintendence and management of ldquoall lighthouses buoys and beaconsrdquo throughout their respective geographical areas including ldquothe adjacent seas and islandsrdquo within and beyond territorial waters In all the GLAs provide some 1200 traditional aids complemented by a mix of radio navigation aids for the safety of all mariners engaged in general navigation irrespective of who pays for the service the size or type of the vessel her equipment fit the competence of her crew or her flag

Through an agreement with the Government of the Irish Republic the three GLAs provide an integrated network of Aids to Navigation around the British Isles This discharges both the United Kingdom and Irish Governmentsrsquo obligation under the International Maritime Organizationrsquos Safety of Life at Sea Convention

The costs of the GLArsquos services are met from the General Lighthouse Fund (GLF) The income to the GLF comes mostly from light dues which are charged on commercial shipping at United Kingdom and Republic of Ireland ports There is no provision for Exchequer funding except in the Republic of Ireland and in relation to guarantees under the GLAsrsquo borrowing powers The Secretary of State for Transport has a duty to ensure the effective management of the GLF and enable the adequate provision of aids to navigation at the minimum cost

The Northern Lighthouse Board carries out the functions of the Commissioners of Northern Lighthouses who are constituted in terms of and are given certain powers and duties by Part VIII of and Schedules 8 and 9 to the Merchant Shipping Act 1995 The subject matter of that Act is a reserved matter under Section 30 of and Schedule 5 to the Scotland Act 1998 and in terms of Section 29 of the Scotland Act 1998 The Boards affairs will continue to be subject to legislation passed by the United Kingdom Parliament Ministerial responsibility will remain with the Department for Transport

Under Section 193 of the Merchant Shipping Act 1995 NLB is the GLA for Scotland and adjacent seas and islands and the Isle of Man and under Section 195 is vested with the responsibility for the superintendence and management of all lighthouses buoys and beacons Our Head Office is at 84 George Street Edinburgh EH2 3DA We have a waterfront operating base in Oban on Scotlandrsquos West Coast and it supports our ships and buoy maintenance work and provides facilities for helicopters We have smaller business premises in the Northern Isles and Inverness

The efficiency of our Aids to Navigation are measured against international standards set by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) IALA is a non-profit non-governmental international technical association IALArsquos aim is to harmonize aids to navigation worldwide and to ensure that the movements of vessels are safe expeditious cost effective and harmless to the environment

Within its area of jurisdiction as a General Lighthouse Authority NLB has various powers and responsibilities in connection with the provision maintenance alteration inspection and control of lighthouses buoys and beacons under Section 197 of the 1995 Act as amended NLB also has Wreck Removal powers under Section 253 of the Act

For further information please see our website wwwnlborguk

Page 4 of 51

Northern Lighthouse Board

Point of Contact

All enquiries must be addressed to Ruth Millan Procurement Administrator as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Tuesday 9 January 2018

The closing date for receipt of tender is Wednesday 17 January 2018 at 1200 hours You should note that NLB may seek amplifying information from Tenderers or from third parties in amplification of any part of the submission

Ruth MillanProcurement AdministratorNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukDirect Tel 0131 473 3104

Completed Tenders should be forwarded using the label provided to

Director of Business ServicesNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

NLB have a strict procedure for the control of information and the management of its tender processes All tender submissions received prior to the tender return deadline with be placed by our Reception Staff within a double locked tender box The Director of Business Services and Commercial Manager each have one key to this box and they or their representatives must both be present to enable opening This box is only opened after the tender return deadline and the tenders for each project are removed for opening and the box locked Therefore it is essential that the outer envelope of your tender bears the tender label provided

Tenders are opened by the Director of Business Services and the Commercial Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Commercial Section for evaluation

You must address all aspects of pricing within your tender submission including the method for charging the service additional services required recoverable expenses etc Please ensure that you detail all costs involved with the service provision and any associated costs NLB will not be liable for any unidentified costs

Please do not hasten the progress of your tender All Tenderers will be advised at appropriate stages of the evaluation process and there is no advantage to be made by hastening progress

Page 5 of 51

Northern Lighthouse Board

Submitting a Tender

All Tenders are submitted entirely at the cost of the Tenderer NLB will not be responsible for any costs associated with any tender submission or subsequent activities Tenders received after the closing date and those not providing the correct number of copies of all information may not be considered

Whilst Tenders must be returned in hardcopy using the label provided you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref OPSHENG1457 as the subject of the email We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender This email box is only opened following the deadline and the above procedure still applies Tenders received after the closing date will not be considered Emailed copies will only be accepted if the hard copy is received within two working days of this deadline

Tenderers should include a single point of contact in their organisation for their response to the ITT NLB will not be responsible for contacting the Tenderer through any route other than the nominated contact The Tenderer must therefore undertake to notify any changes relating to the contact promptly Please ensure you provide full contact details including an email address landline and mobile telephone number

NLB may request to visit your premises visit a reference site or undertake any appropriate action required as part of the tender evaluation and you may also be asked to attend an interview and make a formal presentation to NLBrsquos Project Team Interviews will be held in NLB premises at 84 George Street Edinburgh EH2 3DA Scotland United Kingdom and attendance is entirely at your own cost The final detail of such requests will be identified at the tender evaluation stage all requests will be made in writing and appropriate conditions for participation may be attached

Page 6 of 51

Northern Lighthouse Board

The Requirement

The Northern Lighthouse Boardrsquos vessels NLV Pharos and NLV Pole Star are due servicing on the following Engines This contract will run from February 2018 run for a period of 3 years

The below listed engine services are planned for the period of the agreement these services may be altered be cancelled or additional services added They are only listed for reference to highlight what NLB has currently planned in order that the Tenderer can place a competitive bid

NLB will supply all spares and tools for these services Tenderer to supply a man day rate for one year for these services and for breakdowns All engine work during this 3 year agreement will be awarded to the Tenderer pending the availability of the service engineers NLB will provide a minimum of 6 weeksrsquo notice for planned services Breakdownrsquos may be at short notice if the Tenderer does not have available service engineer due these time constraints then the NLB reserves the right to use another 3rd party for the works

Engine work on NLV Pharos limited to 3x Wartsila 8L20 and 2x Wartsila 4L20 enginesEngine work on NLV Pole Star limited to 3x CumminsWartsila CW8L170 engines

Tenderer to provide fixed mileage allowance and hourday travel rates for the service engineers Most services will be done in Scotland though it is possible some may be done in England and Ireland

Tenderer to state if their service engineers will use the vessel accommodation and meals if available on the vessel to save additional costs Tenderer to provide fixed day price for Accommodation amp meals per manday should vessel accommodation not be available

Prior to scheduled service work NLB will provide a detailed scope In return and no later than 3 weeks prior to the start of the scheduled maintenance period Tenderer to provide scheduled plan of work (method statement) including amount of service engineers and timeframe for completing the works A risk assessment (RA) for the works should also be provided at this time this RA should be reviewed just prior to commencement of the work in case new risks have been identified

All work should be done under the NLBs Permit to Work System (or DRYDOCKS Permit to Work system) A toolbox talk to be had with the service engineers and vesselrsquos Technical staff

On completion of works the Tenderer is required to test runcommission the engine andor new parts Tenderer may have to write procedures for this at NLBs request

Prior to invoicing a written detailed report is required for our records after each service including photographs and measurements with a list of the spare parts used

Tenderer to also quote for overhauling a cylinder head for each engine type cost will be excluding spares NLB will provide all required spares or may request a quote for these spares from the Tenderer

The service will typically fall in the month of February for NLV Pharos and September for NLV Pole Star however this is subject to change

For the pending NLV Pharos work for February 2018 shown directly below This is the actual work scope required and is not just for reference As such please provide the amount of service engineers and timeframe for completing this work along with your service engineerrsquos availability Also please send a Risk Assessment and a Method Statement and programme of works

The successful contractor will have the opportunity to view the Engines on board either during the initial service in February or a mutually agreed date

Page 7 of 51

Northern Lighthouse Board

NLV PHAROS

Port Aft Main Engine Waumlrtsilauml 8L20Due February 2018 - Estimated 16 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2019 - Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Centre Fwd Main Engine Waumlrtsilauml 4L20Due February 2019 - Estimated 14 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates) Overhaul LO HT amp LT pumps

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2020 - Estimated 8 man days

This engine will not be due planned maintenance work (based on running hours) however it will be due a Class 5 yearly inspection We will keep this inspection to a minimum allowed by the surveyor conformation of the works will be given prior to the inspection but for budgeting purposes base your quote on Class survey overhaul and inspection of engine to appease the class surveyor Opening of two bottom end bearings and one main bearing Remove of two cylinder heads for liner and valve inspection Boroscope of LO amp Air cooler and Turbo Charger

Stbd Fwd Main Engine Waumlrtsilauml 4L20Due February 2021 - Estimated 4 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Aft Main Engine Waumlrtsilauml 8L20Due - February 2021 Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Page 8 of 51

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

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Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

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Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 3: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Introduction

Please ensure you understand all aspects of this ITT All information contained within this ITT will be used by the Commissioner of Northern Lighthouses operating as the Northern Lighthouse Board (NLB) for the purposes of this project only This ITT is non-transferable if you decide you do not wish to tender please inform Ruth Millan Procurement Administrator Email Procurementnlborguk as soon as possible and where possible explain why you have decided not to tender

No information contained in this ITT or in any communication made between NLB and any Tenderer in connection with this ITT shall be relied upon as constituting a contract agreement or representation that any contract shall be offered in accordance with this ITT NLB reserves the right subject to the appropriate procurement regulations to change without notice the basis of or the procedures for the competitive tendering process or to terminate the process at any time Under no circumstances shall NLB incur any liability in respect of this ITT or any supporting documentation

Direct or indirect canvassing of any NLB Commissioners NLB staff public sector employee or agent by any potential bidder concerning this requirement or any attempt to procure information from any NLB Commissioner NLB Staff public sector employee or agent concerning this ITT may result in the disqualification of the Tenderer from consideration for this requirement

NLB will not reimburse any costs incurred by Tenderers in connection with preparation and submission of their responses to this ITT

All information contained within this ITT will be used to inform NLBrsquos project boardteam relating to this project alone

Tenderers are advised to answer all questions While a lack of response may not preclude you from consideration NLB will request no further information before the evaluation of responses and the issuing of the invitations to tender Therefore it is in your interest to ensure that your submission is complete at the time of sending You may provide additional information if relevant with your tender submission

Tenders must be explicit and comprehensive in their responses to invitation to tender and are advised neither to make any assumptions about their past or current supplier relationships with the GLAs nor to assume that such prior business relationships will be taken into account in the evaluation procedure Submitted tenders will be evaluated solely on the evaluation criteria detailed in Annex VI

In accordance with EU and UK legislation and public sector transparency guidelines please be aware that NLB contracts will be advertised and also published following contract award Information in relation to the contracts will be within the public domain your attention is drawn to Page 14 ndash Freedom of Information Act 2000

Page 3 of 51

Northern Lighthouse Board

Background Information

The Commissioners of Northern Lighthouses ndash operating as the Northern Lighthouse Board (NLB) and the Corporation of Trinity House (England Wales Channel Islands and Gibraltar) together with the Commissioners of Irish Lights (the whole of Ireland - are the General Lighthouse Authorities (GLAs) with responsibility subject to certain provisions for the superintendence and management of ldquoall lighthouses buoys and beaconsrdquo throughout their respective geographical areas including ldquothe adjacent seas and islandsrdquo within and beyond territorial waters In all the GLAs provide some 1200 traditional aids complemented by a mix of radio navigation aids for the safety of all mariners engaged in general navigation irrespective of who pays for the service the size or type of the vessel her equipment fit the competence of her crew or her flag

Through an agreement with the Government of the Irish Republic the three GLAs provide an integrated network of Aids to Navigation around the British Isles This discharges both the United Kingdom and Irish Governmentsrsquo obligation under the International Maritime Organizationrsquos Safety of Life at Sea Convention

The costs of the GLArsquos services are met from the General Lighthouse Fund (GLF) The income to the GLF comes mostly from light dues which are charged on commercial shipping at United Kingdom and Republic of Ireland ports There is no provision for Exchequer funding except in the Republic of Ireland and in relation to guarantees under the GLAsrsquo borrowing powers The Secretary of State for Transport has a duty to ensure the effective management of the GLF and enable the adequate provision of aids to navigation at the minimum cost

The Northern Lighthouse Board carries out the functions of the Commissioners of Northern Lighthouses who are constituted in terms of and are given certain powers and duties by Part VIII of and Schedules 8 and 9 to the Merchant Shipping Act 1995 The subject matter of that Act is a reserved matter under Section 30 of and Schedule 5 to the Scotland Act 1998 and in terms of Section 29 of the Scotland Act 1998 The Boards affairs will continue to be subject to legislation passed by the United Kingdom Parliament Ministerial responsibility will remain with the Department for Transport

Under Section 193 of the Merchant Shipping Act 1995 NLB is the GLA for Scotland and adjacent seas and islands and the Isle of Man and under Section 195 is vested with the responsibility for the superintendence and management of all lighthouses buoys and beacons Our Head Office is at 84 George Street Edinburgh EH2 3DA We have a waterfront operating base in Oban on Scotlandrsquos West Coast and it supports our ships and buoy maintenance work and provides facilities for helicopters We have smaller business premises in the Northern Isles and Inverness

The efficiency of our Aids to Navigation are measured against international standards set by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) IALA is a non-profit non-governmental international technical association IALArsquos aim is to harmonize aids to navigation worldwide and to ensure that the movements of vessels are safe expeditious cost effective and harmless to the environment

Within its area of jurisdiction as a General Lighthouse Authority NLB has various powers and responsibilities in connection with the provision maintenance alteration inspection and control of lighthouses buoys and beacons under Section 197 of the 1995 Act as amended NLB also has Wreck Removal powers under Section 253 of the Act

For further information please see our website wwwnlborguk

Page 4 of 51

Northern Lighthouse Board

Point of Contact

All enquiries must be addressed to Ruth Millan Procurement Administrator as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Tuesday 9 January 2018

The closing date for receipt of tender is Wednesday 17 January 2018 at 1200 hours You should note that NLB may seek amplifying information from Tenderers or from third parties in amplification of any part of the submission

Ruth MillanProcurement AdministratorNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukDirect Tel 0131 473 3104

Completed Tenders should be forwarded using the label provided to

Director of Business ServicesNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

NLB have a strict procedure for the control of information and the management of its tender processes All tender submissions received prior to the tender return deadline with be placed by our Reception Staff within a double locked tender box The Director of Business Services and Commercial Manager each have one key to this box and they or their representatives must both be present to enable opening This box is only opened after the tender return deadline and the tenders for each project are removed for opening and the box locked Therefore it is essential that the outer envelope of your tender bears the tender label provided

Tenders are opened by the Director of Business Services and the Commercial Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Commercial Section for evaluation

You must address all aspects of pricing within your tender submission including the method for charging the service additional services required recoverable expenses etc Please ensure that you detail all costs involved with the service provision and any associated costs NLB will not be liable for any unidentified costs

Please do not hasten the progress of your tender All Tenderers will be advised at appropriate stages of the evaluation process and there is no advantage to be made by hastening progress

Page 5 of 51

Northern Lighthouse Board

Submitting a Tender

All Tenders are submitted entirely at the cost of the Tenderer NLB will not be responsible for any costs associated with any tender submission or subsequent activities Tenders received after the closing date and those not providing the correct number of copies of all information may not be considered

Whilst Tenders must be returned in hardcopy using the label provided you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref OPSHENG1457 as the subject of the email We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender This email box is only opened following the deadline and the above procedure still applies Tenders received after the closing date will not be considered Emailed copies will only be accepted if the hard copy is received within two working days of this deadline

Tenderers should include a single point of contact in their organisation for their response to the ITT NLB will not be responsible for contacting the Tenderer through any route other than the nominated contact The Tenderer must therefore undertake to notify any changes relating to the contact promptly Please ensure you provide full contact details including an email address landline and mobile telephone number

NLB may request to visit your premises visit a reference site or undertake any appropriate action required as part of the tender evaluation and you may also be asked to attend an interview and make a formal presentation to NLBrsquos Project Team Interviews will be held in NLB premises at 84 George Street Edinburgh EH2 3DA Scotland United Kingdom and attendance is entirely at your own cost The final detail of such requests will be identified at the tender evaluation stage all requests will be made in writing and appropriate conditions for participation may be attached

Page 6 of 51

Northern Lighthouse Board

The Requirement

The Northern Lighthouse Boardrsquos vessels NLV Pharos and NLV Pole Star are due servicing on the following Engines This contract will run from February 2018 run for a period of 3 years

The below listed engine services are planned for the period of the agreement these services may be altered be cancelled or additional services added They are only listed for reference to highlight what NLB has currently planned in order that the Tenderer can place a competitive bid

NLB will supply all spares and tools for these services Tenderer to supply a man day rate for one year for these services and for breakdowns All engine work during this 3 year agreement will be awarded to the Tenderer pending the availability of the service engineers NLB will provide a minimum of 6 weeksrsquo notice for planned services Breakdownrsquos may be at short notice if the Tenderer does not have available service engineer due these time constraints then the NLB reserves the right to use another 3rd party for the works

Engine work on NLV Pharos limited to 3x Wartsila 8L20 and 2x Wartsila 4L20 enginesEngine work on NLV Pole Star limited to 3x CumminsWartsila CW8L170 engines

Tenderer to provide fixed mileage allowance and hourday travel rates for the service engineers Most services will be done in Scotland though it is possible some may be done in England and Ireland

Tenderer to state if their service engineers will use the vessel accommodation and meals if available on the vessel to save additional costs Tenderer to provide fixed day price for Accommodation amp meals per manday should vessel accommodation not be available

Prior to scheduled service work NLB will provide a detailed scope In return and no later than 3 weeks prior to the start of the scheduled maintenance period Tenderer to provide scheduled plan of work (method statement) including amount of service engineers and timeframe for completing the works A risk assessment (RA) for the works should also be provided at this time this RA should be reviewed just prior to commencement of the work in case new risks have been identified

All work should be done under the NLBs Permit to Work System (or DRYDOCKS Permit to Work system) A toolbox talk to be had with the service engineers and vesselrsquos Technical staff

On completion of works the Tenderer is required to test runcommission the engine andor new parts Tenderer may have to write procedures for this at NLBs request

Prior to invoicing a written detailed report is required for our records after each service including photographs and measurements with a list of the spare parts used

Tenderer to also quote for overhauling a cylinder head for each engine type cost will be excluding spares NLB will provide all required spares or may request a quote for these spares from the Tenderer

The service will typically fall in the month of February for NLV Pharos and September for NLV Pole Star however this is subject to change

For the pending NLV Pharos work for February 2018 shown directly below This is the actual work scope required and is not just for reference As such please provide the amount of service engineers and timeframe for completing this work along with your service engineerrsquos availability Also please send a Risk Assessment and a Method Statement and programme of works

The successful contractor will have the opportunity to view the Engines on board either during the initial service in February or a mutually agreed date

Page 7 of 51

Northern Lighthouse Board

NLV PHAROS

Port Aft Main Engine Waumlrtsilauml 8L20Due February 2018 - Estimated 16 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2019 - Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Centre Fwd Main Engine Waumlrtsilauml 4L20Due February 2019 - Estimated 14 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates) Overhaul LO HT amp LT pumps

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2020 - Estimated 8 man days

This engine will not be due planned maintenance work (based on running hours) however it will be due a Class 5 yearly inspection We will keep this inspection to a minimum allowed by the surveyor conformation of the works will be given prior to the inspection but for budgeting purposes base your quote on Class survey overhaul and inspection of engine to appease the class surveyor Opening of two bottom end bearings and one main bearing Remove of two cylinder heads for liner and valve inspection Boroscope of LO amp Air cooler and Turbo Charger

Stbd Fwd Main Engine Waumlrtsilauml 4L20Due February 2021 - Estimated 4 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Aft Main Engine Waumlrtsilauml 8L20Due - February 2021 Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Page 8 of 51

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 4: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Background Information

The Commissioners of Northern Lighthouses ndash operating as the Northern Lighthouse Board (NLB) and the Corporation of Trinity House (England Wales Channel Islands and Gibraltar) together with the Commissioners of Irish Lights (the whole of Ireland - are the General Lighthouse Authorities (GLAs) with responsibility subject to certain provisions for the superintendence and management of ldquoall lighthouses buoys and beaconsrdquo throughout their respective geographical areas including ldquothe adjacent seas and islandsrdquo within and beyond territorial waters In all the GLAs provide some 1200 traditional aids complemented by a mix of radio navigation aids for the safety of all mariners engaged in general navigation irrespective of who pays for the service the size or type of the vessel her equipment fit the competence of her crew or her flag

Through an agreement with the Government of the Irish Republic the three GLAs provide an integrated network of Aids to Navigation around the British Isles This discharges both the United Kingdom and Irish Governmentsrsquo obligation under the International Maritime Organizationrsquos Safety of Life at Sea Convention

The costs of the GLArsquos services are met from the General Lighthouse Fund (GLF) The income to the GLF comes mostly from light dues which are charged on commercial shipping at United Kingdom and Republic of Ireland ports There is no provision for Exchequer funding except in the Republic of Ireland and in relation to guarantees under the GLAsrsquo borrowing powers The Secretary of State for Transport has a duty to ensure the effective management of the GLF and enable the adequate provision of aids to navigation at the minimum cost

The Northern Lighthouse Board carries out the functions of the Commissioners of Northern Lighthouses who are constituted in terms of and are given certain powers and duties by Part VIII of and Schedules 8 and 9 to the Merchant Shipping Act 1995 The subject matter of that Act is a reserved matter under Section 30 of and Schedule 5 to the Scotland Act 1998 and in terms of Section 29 of the Scotland Act 1998 The Boards affairs will continue to be subject to legislation passed by the United Kingdom Parliament Ministerial responsibility will remain with the Department for Transport

Under Section 193 of the Merchant Shipping Act 1995 NLB is the GLA for Scotland and adjacent seas and islands and the Isle of Man and under Section 195 is vested with the responsibility for the superintendence and management of all lighthouses buoys and beacons Our Head Office is at 84 George Street Edinburgh EH2 3DA We have a waterfront operating base in Oban on Scotlandrsquos West Coast and it supports our ships and buoy maintenance work and provides facilities for helicopters We have smaller business premises in the Northern Isles and Inverness

The efficiency of our Aids to Navigation are measured against international standards set by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) IALA is a non-profit non-governmental international technical association IALArsquos aim is to harmonize aids to navigation worldwide and to ensure that the movements of vessels are safe expeditious cost effective and harmless to the environment

Within its area of jurisdiction as a General Lighthouse Authority NLB has various powers and responsibilities in connection with the provision maintenance alteration inspection and control of lighthouses buoys and beacons under Section 197 of the 1995 Act as amended NLB also has Wreck Removal powers under Section 253 of the Act

For further information please see our website wwwnlborguk

Page 4 of 51

Northern Lighthouse Board

Point of Contact

All enquiries must be addressed to Ruth Millan Procurement Administrator as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Tuesday 9 January 2018

The closing date for receipt of tender is Wednesday 17 January 2018 at 1200 hours You should note that NLB may seek amplifying information from Tenderers or from third parties in amplification of any part of the submission

Ruth MillanProcurement AdministratorNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukDirect Tel 0131 473 3104

Completed Tenders should be forwarded using the label provided to

Director of Business ServicesNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

NLB have a strict procedure for the control of information and the management of its tender processes All tender submissions received prior to the tender return deadline with be placed by our Reception Staff within a double locked tender box The Director of Business Services and Commercial Manager each have one key to this box and they or their representatives must both be present to enable opening This box is only opened after the tender return deadline and the tenders for each project are removed for opening and the box locked Therefore it is essential that the outer envelope of your tender bears the tender label provided

Tenders are opened by the Director of Business Services and the Commercial Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Commercial Section for evaluation

You must address all aspects of pricing within your tender submission including the method for charging the service additional services required recoverable expenses etc Please ensure that you detail all costs involved with the service provision and any associated costs NLB will not be liable for any unidentified costs

Please do not hasten the progress of your tender All Tenderers will be advised at appropriate stages of the evaluation process and there is no advantage to be made by hastening progress

Page 5 of 51

Northern Lighthouse Board

Submitting a Tender

All Tenders are submitted entirely at the cost of the Tenderer NLB will not be responsible for any costs associated with any tender submission or subsequent activities Tenders received after the closing date and those not providing the correct number of copies of all information may not be considered

Whilst Tenders must be returned in hardcopy using the label provided you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref OPSHENG1457 as the subject of the email We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender This email box is only opened following the deadline and the above procedure still applies Tenders received after the closing date will not be considered Emailed copies will only be accepted if the hard copy is received within two working days of this deadline

Tenderers should include a single point of contact in their organisation for their response to the ITT NLB will not be responsible for contacting the Tenderer through any route other than the nominated contact The Tenderer must therefore undertake to notify any changes relating to the contact promptly Please ensure you provide full contact details including an email address landline and mobile telephone number

NLB may request to visit your premises visit a reference site or undertake any appropriate action required as part of the tender evaluation and you may also be asked to attend an interview and make a formal presentation to NLBrsquos Project Team Interviews will be held in NLB premises at 84 George Street Edinburgh EH2 3DA Scotland United Kingdom and attendance is entirely at your own cost The final detail of such requests will be identified at the tender evaluation stage all requests will be made in writing and appropriate conditions for participation may be attached

Page 6 of 51

Northern Lighthouse Board

The Requirement

The Northern Lighthouse Boardrsquos vessels NLV Pharos and NLV Pole Star are due servicing on the following Engines This contract will run from February 2018 run for a period of 3 years

The below listed engine services are planned for the period of the agreement these services may be altered be cancelled or additional services added They are only listed for reference to highlight what NLB has currently planned in order that the Tenderer can place a competitive bid

NLB will supply all spares and tools for these services Tenderer to supply a man day rate for one year for these services and for breakdowns All engine work during this 3 year agreement will be awarded to the Tenderer pending the availability of the service engineers NLB will provide a minimum of 6 weeksrsquo notice for planned services Breakdownrsquos may be at short notice if the Tenderer does not have available service engineer due these time constraints then the NLB reserves the right to use another 3rd party for the works

Engine work on NLV Pharos limited to 3x Wartsila 8L20 and 2x Wartsila 4L20 enginesEngine work on NLV Pole Star limited to 3x CumminsWartsila CW8L170 engines

Tenderer to provide fixed mileage allowance and hourday travel rates for the service engineers Most services will be done in Scotland though it is possible some may be done in England and Ireland

Tenderer to state if their service engineers will use the vessel accommodation and meals if available on the vessel to save additional costs Tenderer to provide fixed day price for Accommodation amp meals per manday should vessel accommodation not be available

Prior to scheduled service work NLB will provide a detailed scope In return and no later than 3 weeks prior to the start of the scheduled maintenance period Tenderer to provide scheduled plan of work (method statement) including amount of service engineers and timeframe for completing the works A risk assessment (RA) for the works should also be provided at this time this RA should be reviewed just prior to commencement of the work in case new risks have been identified

All work should be done under the NLBs Permit to Work System (or DRYDOCKS Permit to Work system) A toolbox talk to be had with the service engineers and vesselrsquos Technical staff

On completion of works the Tenderer is required to test runcommission the engine andor new parts Tenderer may have to write procedures for this at NLBs request

Prior to invoicing a written detailed report is required for our records after each service including photographs and measurements with a list of the spare parts used

Tenderer to also quote for overhauling a cylinder head for each engine type cost will be excluding spares NLB will provide all required spares or may request a quote for these spares from the Tenderer

The service will typically fall in the month of February for NLV Pharos and September for NLV Pole Star however this is subject to change

For the pending NLV Pharos work for February 2018 shown directly below This is the actual work scope required and is not just for reference As such please provide the amount of service engineers and timeframe for completing this work along with your service engineerrsquos availability Also please send a Risk Assessment and a Method Statement and programme of works

The successful contractor will have the opportunity to view the Engines on board either during the initial service in February or a mutually agreed date

Page 7 of 51

Northern Lighthouse Board

NLV PHAROS

Port Aft Main Engine Waumlrtsilauml 8L20Due February 2018 - Estimated 16 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2019 - Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Centre Fwd Main Engine Waumlrtsilauml 4L20Due February 2019 - Estimated 14 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates) Overhaul LO HT amp LT pumps

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2020 - Estimated 8 man days

This engine will not be due planned maintenance work (based on running hours) however it will be due a Class 5 yearly inspection We will keep this inspection to a minimum allowed by the surveyor conformation of the works will be given prior to the inspection but for budgeting purposes base your quote on Class survey overhaul and inspection of engine to appease the class surveyor Opening of two bottom end bearings and one main bearing Remove of two cylinder heads for liner and valve inspection Boroscope of LO amp Air cooler and Turbo Charger

Stbd Fwd Main Engine Waumlrtsilauml 4L20Due February 2021 - Estimated 4 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Aft Main Engine Waumlrtsilauml 8L20Due - February 2021 Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Page 8 of 51

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 5: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Point of Contact

All enquiries must be addressed to Ruth Millan Procurement Administrator as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Tuesday 9 January 2018

The closing date for receipt of tender is Wednesday 17 January 2018 at 1200 hours You should note that NLB may seek amplifying information from Tenderers or from third parties in amplification of any part of the submission

Ruth MillanProcurement AdministratorNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukDirect Tel 0131 473 3104

Completed Tenders should be forwarded using the label provided to

Director of Business ServicesNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

NLB have a strict procedure for the control of information and the management of its tender processes All tender submissions received prior to the tender return deadline with be placed by our Reception Staff within a double locked tender box The Director of Business Services and Commercial Manager each have one key to this box and they or their representatives must both be present to enable opening This box is only opened after the tender return deadline and the tenders for each project are removed for opening and the box locked Therefore it is essential that the outer envelope of your tender bears the tender label provided

Tenders are opened by the Director of Business Services and the Commercial Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Commercial Section for evaluation

You must address all aspects of pricing within your tender submission including the method for charging the service additional services required recoverable expenses etc Please ensure that you detail all costs involved with the service provision and any associated costs NLB will not be liable for any unidentified costs

Please do not hasten the progress of your tender All Tenderers will be advised at appropriate stages of the evaluation process and there is no advantage to be made by hastening progress

Page 5 of 51

Northern Lighthouse Board

Submitting a Tender

All Tenders are submitted entirely at the cost of the Tenderer NLB will not be responsible for any costs associated with any tender submission or subsequent activities Tenders received after the closing date and those not providing the correct number of copies of all information may not be considered

Whilst Tenders must be returned in hardcopy using the label provided you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref OPSHENG1457 as the subject of the email We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender This email box is only opened following the deadline and the above procedure still applies Tenders received after the closing date will not be considered Emailed copies will only be accepted if the hard copy is received within two working days of this deadline

Tenderers should include a single point of contact in their organisation for their response to the ITT NLB will not be responsible for contacting the Tenderer through any route other than the nominated contact The Tenderer must therefore undertake to notify any changes relating to the contact promptly Please ensure you provide full contact details including an email address landline and mobile telephone number

NLB may request to visit your premises visit a reference site or undertake any appropriate action required as part of the tender evaluation and you may also be asked to attend an interview and make a formal presentation to NLBrsquos Project Team Interviews will be held in NLB premises at 84 George Street Edinburgh EH2 3DA Scotland United Kingdom and attendance is entirely at your own cost The final detail of such requests will be identified at the tender evaluation stage all requests will be made in writing and appropriate conditions for participation may be attached

Page 6 of 51

Northern Lighthouse Board

The Requirement

The Northern Lighthouse Boardrsquos vessels NLV Pharos and NLV Pole Star are due servicing on the following Engines This contract will run from February 2018 run for a period of 3 years

The below listed engine services are planned for the period of the agreement these services may be altered be cancelled or additional services added They are only listed for reference to highlight what NLB has currently planned in order that the Tenderer can place a competitive bid

NLB will supply all spares and tools for these services Tenderer to supply a man day rate for one year for these services and for breakdowns All engine work during this 3 year agreement will be awarded to the Tenderer pending the availability of the service engineers NLB will provide a minimum of 6 weeksrsquo notice for planned services Breakdownrsquos may be at short notice if the Tenderer does not have available service engineer due these time constraints then the NLB reserves the right to use another 3rd party for the works

Engine work on NLV Pharos limited to 3x Wartsila 8L20 and 2x Wartsila 4L20 enginesEngine work on NLV Pole Star limited to 3x CumminsWartsila CW8L170 engines

Tenderer to provide fixed mileage allowance and hourday travel rates for the service engineers Most services will be done in Scotland though it is possible some may be done in England and Ireland

Tenderer to state if their service engineers will use the vessel accommodation and meals if available on the vessel to save additional costs Tenderer to provide fixed day price for Accommodation amp meals per manday should vessel accommodation not be available

Prior to scheduled service work NLB will provide a detailed scope In return and no later than 3 weeks prior to the start of the scheduled maintenance period Tenderer to provide scheduled plan of work (method statement) including amount of service engineers and timeframe for completing the works A risk assessment (RA) for the works should also be provided at this time this RA should be reviewed just prior to commencement of the work in case new risks have been identified

All work should be done under the NLBs Permit to Work System (or DRYDOCKS Permit to Work system) A toolbox talk to be had with the service engineers and vesselrsquos Technical staff

On completion of works the Tenderer is required to test runcommission the engine andor new parts Tenderer may have to write procedures for this at NLBs request

Prior to invoicing a written detailed report is required for our records after each service including photographs and measurements with a list of the spare parts used

Tenderer to also quote for overhauling a cylinder head for each engine type cost will be excluding spares NLB will provide all required spares or may request a quote for these spares from the Tenderer

The service will typically fall in the month of February for NLV Pharos and September for NLV Pole Star however this is subject to change

For the pending NLV Pharos work for February 2018 shown directly below This is the actual work scope required and is not just for reference As such please provide the amount of service engineers and timeframe for completing this work along with your service engineerrsquos availability Also please send a Risk Assessment and a Method Statement and programme of works

The successful contractor will have the opportunity to view the Engines on board either during the initial service in February or a mutually agreed date

Page 7 of 51

Northern Lighthouse Board

NLV PHAROS

Port Aft Main Engine Waumlrtsilauml 8L20Due February 2018 - Estimated 16 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2019 - Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Centre Fwd Main Engine Waumlrtsilauml 4L20Due February 2019 - Estimated 14 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates) Overhaul LO HT amp LT pumps

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2020 - Estimated 8 man days

This engine will not be due planned maintenance work (based on running hours) however it will be due a Class 5 yearly inspection We will keep this inspection to a minimum allowed by the surveyor conformation of the works will be given prior to the inspection but for budgeting purposes base your quote on Class survey overhaul and inspection of engine to appease the class surveyor Opening of two bottom end bearings and one main bearing Remove of two cylinder heads for liner and valve inspection Boroscope of LO amp Air cooler and Turbo Charger

Stbd Fwd Main Engine Waumlrtsilauml 4L20Due February 2021 - Estimated 4 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Aft Main Engine Waumlrtsilauml 8L20Due - February 2021 Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Page 8 of 51

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

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Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

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Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

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Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

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Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

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Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

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Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 6: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Submitting a Tender

All Tenders are submitted entirely at the cost of the Tenderer NLB will not be responsible for any costs associated with any tender submission or subsequent activities Tenders received after the closing date and those not providing the correct number of copies of all information may not be considered

Whilst Tenders must be returned in hardcopy using the label provided you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref OPSHENG1457 as the subject of the email We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender This email box is only opened following the deadline and the above procedure still applies Tenders received after the closing date will not be considered Emailed copies will only be accepted if the hard copy is received within two working days of this deadline

Tenderers should include a single point of contact in their organisation for their response to the ITT NLB will not be responsible for contacting the Tenderer through any route other than the nominated contact The Tenderer must therefore undertake to notify any changes relating to the contact promptly Please ensure you provide full contact details including an email address landline and mobile telephone number

NLB may request to visit your premises visit a reference site or undertake any appropriate action required as part of the tender evaluation and you may also be asked to attend an interview and make a formal presentation to NLBrsquos Project Team Interviews will be held in NLB premises at 84 George Street Edinburgh EH2 3DA Scotland United Kingdom and attendance is entirely at your own cost The final detail of such requests will be identified at the tender evaluation stage all requests will be made in writing and appropriate conditions for participation may be attached

Page 6 of 51

Northern Lighthouse Board

The Requirement

The Northern Lighthouse Boardrsquos vessels NLV Pharos and NLV Pole Star are due servicing on the following Engines This contract will run from February 2018 run for a period of 3 years

The below listed engine services are planned for the period of the agreement these services may be altered be cancelled or additional services added They are only listed for reference to highlight what NLB has currently planned in order that the Tenderer can place a competitive bid

NLB will supply all spares and tools for these services Tenderer to supply a man day rate for one year for these services and for breakdowns All engine work during this 3 year agreement will be awarded to the Tenderer pending the availability of the service engineers NLB will provide a minimum of 6 weeksrsquo notice for planned services Breakdownrsquos may be at short notice if the Tenderer does not have available service engineer due these time constraints then the NLB reserves the right to use another 3rd party for the works

Engine work on NLV Pharos limited to 3x Wartsila 8L20 and 2x Wartsila 4L20 enginesEngine work on NLV Pole Star limited to 3x CumminsWartsila CW8L170 engines

Tenderer to provide fixed mileage allowance and hourday travel rates for the service engineers Most services will be done in Scotland though it is possible some may be done in England and Ireland

Tenderer to state if their service engineers will use the vessel accommodation and meals if available on the vessel to save additional costs Tenderer to provide fixed day price for Accommodation amp meals per manday should vessel accommodation not be available

Prior to scheduled service work NLB will provide a detailed scope In return and no later than 3 weeks prior to the start of the scheduled maintenance period Tenderer to provide scheduled plan of work (method statement) including amount of service engineers and timeframe for completing the works A risk assessment (RA) for the works should also be provided at this time this RA should be reviewed just prior to commencement of the work in case new risks have been identified

All work should be done under the NLBs Permit to Work System (or DRYDOCKS Permit to Work system) A toolbox talk to be had with the service engineers and vesselrsquos Technical staff

On completion of works the Tenderer is required to test runcommission the engine andor new parts Tenderer may have to write procedures for this at NLBs request

Prior to invoicing a written detailed report is required for our records after each service including photographs and measurements with a list of the spare parts used

Tenderer to also quote for overhauling a cylinder head for each engine type cost will be excluding spares NLB will provide all required spares or may request a quote for these spares from the Tenderer

The service will typically fall in the month of February for NLV Pharos and September for NLV Pole Star however this is subject to change

For the pending NLV Pharos work for February 2018 shown directly below This is the actual work scope required and is not just for reference As such please provide the amount of service engineers and timeframe for completing this work along with your service engineerrsquos availability Also please send a Risk Assessment and a Method Statement and programme of works

The successful contractor will have the opportunity to view the Engines on board either during the initial service in February or a mutually agreed date

Page 7 of 51

Northern Lighthouse Board

NLV PHAROS

Port Aft Main Engine Waumlrtsilauml 8L20Due February 2018 - Estimated 16 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2019 - Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Centre Fwd Main Engine Waumlrtsilauml 4L20Due February 2019 - Estimated 14 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates) Overhaul LO HT amp LT pumps

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2020 - Estimated 8 man days

This engine will not be due planned maintenance work (based on running hours) however it will be due a Class 5 yearly inspection We will keep this inspection to a minimum allowed by the surveyor conformation of the works will be given prior to the inspection but for budgeting purposes base your quote on Class survey overhaul and inspection of engine to appease the class surveyor Opening of two bottom end bearings and one main bearing Remove of two cylinder heads for liner and valve inspection Boroscope of LO amp Air cooler and Turbo Charger

Stbd Fwd Main Engine Waumlrtsilauml 4L20Due February 2021 - Estimated 4 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Aft Main Engine Waumlrtsilauml 8L20Due - February 2021 Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Page 8 of 51

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

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Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

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Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

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Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

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Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

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Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

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Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

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Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

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Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

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Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

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Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

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Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 7: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

The Requirement

The Northern Lighthouse Boardrsquos vessels NLV Pharos and NLV Pole Star are due servicing on the following Engines This contract will run from February 2018 run for a period of 3 years

The below listed engine services are planned for the period of the agreement these services may be altered be cancelled or additional services added They are only listed for reference to highlight what NLB has currently planned in order that the Tenderer can place a competitive bid

NLB will supply all spares and tools for these services Tenderer to supply a man day rate for one year for these services and for breakdowns All engine work during this 3 year agreement will be awarded to the Tenderer pending the availability of the service engineers NLB will provide a minimum of 6 weeksrsquo notice for planned services Breakdownrsquos may be at short notice if the Tenderer does not have available service engineer due these time constraints then the NLB reserves the right to use another 3rd party for the works

Engine work on NLV Pharos limited to 3x Wartsila 8L20 and 2x Wartsila 4L20 enginesEngine work on NLV Pole Star limited to 3x CumminsWartsila CW8L170 engines

Tenderer to provide fixed mileage allowance and hourday travel rates for the service engineers Most services will be done in Scotland though it is possible some may be done in England and Ireland

Tenderer to state if their service engineers will use the vessel accommodation and meals if available on the vessel to save additional costs Tenderer to provide fixed day price for Accommodation amp meals per manday should vessel accommodation not be available

Prior to scheduled service work NLB will provide a detailed scope In return and no later than 3 weeks prior to the start of the scheduled maintenance period Tenderer to provide scheduled plan of work (method statement) including amount of service engineers and timeframe for completing the works A risk assessment (RA) for the works should also be provided at this time this RA should be reviewed just prior to commencement of the work in case new risks have been identified

All work should be done under the NLBs Permit to Work System (or DRYDOCKS Permit to Work system) A toolbox talk to be had with the service engineers and vesselrsquos Technical staff

On completion of works the Tenderer is required to test runcommission the engine andor new parts Tenderer may have to write procedures for this at NLBs request

Prior to invoicing a written detailed report is required for our records after each service including photographs and measurements with a list of the spare parts used

Tenderer to also quote for overhauling a cylinder head for each engine type cost will be excluding spares NLB will provide all required spares or may request a quote for these spares from the Tenderer

The service will typically fall in the month of February for NLV Pharos and September for NLV Pole Star however this is subject to change

For the pending NLV Pharos work for February 2018 shown directly below This is the actual work scope required and is not just for reference As such please provide the amount of service engineers and timeframe for completing this work along with your service engineerrsquos availability Also please send a Risk Assessment and a Method Statement and programme of works

The successful contractor will have the opportunity to view the Engines on board either during the initial service in February or a mutually agreed date

Page 7 of 51

Northern Lighthouse Board

NLV PHAROS

Port Aft Main Engine Waumlrtsilauml 8L20Due February 2018 - Estimated 16 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2019 - Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Centre Fwd Main Engine Waumlrtsilauml 4L20Due February 2019 - Estimated 14 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates) Overhaul LO HT amp LT pumps

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2020 - Estimated 8 man days

This engine will not be due planned maintenance work (based on running hours) however it will be due a Class 5 yearly inspection We will keep this inspection to a minimum allowed by the surveyor conformation of the works will be given prior to the inspection but for budgeting purposes base your quote on Class survey overhaul and inspection of engine to appease the class surveyor Opening of two bottom end bearings and one main bearing Remove of two cylinder heads for liner and valve inspection Boroscope of LO amp Air cooler and Turbo Charger

Stbd Fwd Main Engine Waumlrtsilauml 4L20Due February 2021 - Estimated 4 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Aft Main Engine Waumlrtsilauml 8L20Due - February 2021 Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Page 8 of 51

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

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Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

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Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

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Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

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Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 8: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

NLV PHAROS

Port Aft Main Engine Waumlrtsilauml 8L20Due February 2018 - Estimated 16 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2019 - Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Centre Fwd Main Engine Waumlrtsilauml 4L20Due February 2019 - Estimated 14 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates) Overhaul LO HT amp LT pumps

Centre Aft Main Engine Waumlrtsilauml 8L20Due February 2020 - Estimated 8 man days

This engine will not be due planned maintenance work (based on running hours) however it will be due a Class 5 yearly inspection We will keep this inspection to a minimum allowed by the surveyor conformation of the works will be given prior to the inspection but for budgeting purposes base your quote on Class survey overhaul and inspection of engine to appease the class surveyor Opening of two bottom end bearings and one main bearing Remove of two cylinder heads for liner and valve inspection Boroscope of LO amp Air cooler and Turbo Charger

Stbd Fwd Main Engine Waumlrtsilauml 4L20Due February 2021 - Estimated 4 man days

Class survey Head replacement (x4) liner overhaul(x4) bottom end brg replacement (x4) bottom end bolt replacement one piston split amp crack test crankpin ovality measurement new piston rings (all pistons) check thrust brg clearance inspect camshaft bearings governor actuator replacements main coupling overhaulchecks remove and test thermostatic valves one main bearing inspection overhaul overspeed trip crankcase deflections overhaul FO booster pump overhaul LO priming pump and motor remove and refit all HP fuel pumps remove and refit Turbo charger Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Aft Main Engine Waumlrtsilauml 8L20Due - February 2021 Estimated 12 man days

Remove and clean Geislinger damper measure wear and replace seals as per manufacturerrsquos requirements Refit damper an all engine accessories Overhaul LO HT amp LT pumps Overhaul HT amp LT amp LO thermostatic valves

Page 8 of 51

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 9: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

NLV POLE STAR

Centre Main Engine CumminsWaumlrtsilauml CW8L170Due September 2018 - Estimated 18 man days

Class survey Head replacement (x8) liner overhaul(x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Stbd Main Engine CumminsWaumlrtsilauml CW8L170Due September 2019 ndash Estimated 18 man days

Class survey Head replacement (x8) liner overhaul (x8) bottom end brg replacement (x8) bottom end bolt replacement all 8 piston split amp crack test crankpin ovality measurement new piston rings (all pistons) Replace crankshaft thrust bearing replace rings and thrust bearing for camshaft and intermediate shaft inspect camshaft bearings main coupling overhaulchecks remove and test thermostatic valves replace all main bearings Replace HTLT pump remove and refit 7off HP fuel pumps Clean LO cooler amp Air Intercooler (only if class surveyor dictates)

Page 9 of 51

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

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Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 10: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Pricing Schedule

Tenderers are requested to complete the following schedule giving full details of their proposals including costs fees the rates paid to sub-contractors and any alternative pricing methods for consideration etc Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your tender submission

Description Required information

Cost Each pound excluding VAT

Service Engineer Day Rate (Mon-Fri) pound per manday

Service Engineer Day Rate (SatSun) pound per manday

Service Engineer Day Rate (Bank Holiday) pound per manday

Service Engineer Travel Rate pound per manday

Lead Service Engineer Day Rate (Mon-Fri) pound per manday

Lead Service Engineer Day Rate (SatSun) pound per manday

Lead Service Engineer Day Rate (Bank Holiday) pound per manday

Lead Service Engineer Travel Rate pound per manday

Mileage Allowance Pence per mile

Service Engineer accommodation on-board Yes No

Accommodation and Subsistence costs if not on-board pound per manday

Wartsila L20 cylinder head service cost pound per cyl head

CW8L170 cylinder head service cost pound per cyl head

Please confirm availably during wc 5-23 February 2018 to complete the first service to be carried out in Leith Edinburgh

Yes No

Locations will to be agreed with the successful contractor prior to each visit with the locations restricted to UK Mainland and North or South Ireland

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name (in Block Capitals) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Position helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (in Block Capitals)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 10 of 51

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 11: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Timetable

Issue of the Invitation to Tender 28 December 2017Clarification Deadline 9 January 2017Tender Return Deadline 17 January 2018Award of Contract January 2018

Contract Award CriteriaThe award criteria (and weighting) are detailed below -

Financial Aspects and all quote documents returned (75)Criteria WeightingProject Costs 70Pricing Mechanism 5Acceptance of Contract terms YesNoAll Tender documents completed and returned YesNo

Capability amp Project Information (25)Criteria WeightingProvide a sample of previous work report on a similar engine service 15Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018 5

Guarantee ndash Please provide information regarding the warranty conditions of the service 5

Confirmation of timescales for work to be carried out between 5-23 February 2018 PassFail

Information provided in the Standard Selection Questionnaire Yes No

Page 11 of 51

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

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appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

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Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

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Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

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Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

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Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

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Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

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Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

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Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

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Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

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Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

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Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

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Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

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Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

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Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

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Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 12: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Tender Submission RequirementsYour tender proposals must include -

A covering letter Pricing Proposals Schedule covering the items required and any additional services offered Standard Selection Questionnaire Mandatory Exclusion Grounds Grounds for Disqualification Instructions to Tenderers Declaration of Non-Collusion Form of Tender Any other applicable information or alternative offers Clear notification of any of the areas of our requirements that cannot be provided

It is in your interest to ensure that all the information requested is provided within your tender submission Incomplete tenders may be disqualified

Contract Award Criteria NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award Following this period price changes (positive and negative) will be considered based on an agreed index formula The proposed index to be used for the annual adjustment must meet the following criteria

A recognised index from a reputable government or industry source Freely and independently available to NLB throughout the period of the contract Related to the costs of providing the services within the tender

Tenderers MUST provide

1 A short note explaining how the proposed index meets the three criteria above2 Two years historical date for the proposed index

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement (Some costs will only be accepted at cost upon production of a valid receipt or invoice) The NLB will not be held liable for any unidentified costs

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission

Contract PricingThis contract will have fixed costs for each item The price will remain fixed for a minimum period of 120 days from the return of quotation

Suppliers are requested to provide a pricing matrix giving full details of their proposals including their fee the rates paid to sub-contractors and any alternative pricing methods for consideration Please ensure the pricing provided details all costs that may be associated with this contract NLB will not be liable for any costs that are not identified within your Tender submission

Any quantities referred to within this quotation document will be indicative and official order(s) will be issued for requirements

Payments amp InvoicingUnless otherwise stated in the Contract payment will be made within 30 days of fulfilment of the official purchase order(s) following receipt and agreement of invoices which are to be submitted in arrears Invoicing and any subsequent payments will be made in UK Sterling

Sub-contracting and assignment

Page 12 of 51

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 13: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

The Contractor shall not sub-contract or transfer assign charge or otherwise dispose of the Contract or any part of it without the prior written consent of the Northern Lighthouse Board Where the Contractor enters into a contract with a supplier or sub-contractor for the purpose of performing the Contract or any part of it he shall cause a term to be included in such contract which requires payment to be made by the Contractor to the supplier or sub-contractor within a period not exceeding 30 days from receipt of a valid invoice as defined by the contract requirements The Northern lighthouse Board reserves the right to ask for information about payment performance and will provide a facility for subcontractors to report poor performance to the Northern Lighthouse Board and the Office of Government Commerce

Sub-ContractorsAs Principal Contractor you may wish to sub-contract parts of this agreement You are free to choose your sub-contractors but must advise NLB of all sub-contractors and NLB reserves the right to approve all sub-contractors in advance This will not relieve the Principal Contractor of any obligation or duty under the agreement

TerminationNLB reserves the right to terminate the agreement by giving the Contractor no less than 30 days written notice

Contractorrsquos ConductContractors including their staff sub-contractors and others associated with the Contractor shall conduct themselves in an appropriate manner whilst on any NLB site A good neighbour approach must to taken to ensure that there is minimum disruption to the locality others working and neighbours of the site NLB will investigate all complaints received and take appropriate action

Contractors Responsibilities - ConfidentialityContractorrsquos personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party A breach of confidentiality will result in a breach of contract with the potential implication of early termination of the contract

AlternativesDelivery of alternatives is not acceptable without obtaining advanced express written permission of NLB Alternatives not agreed will not be accepted and must be uplifted within three (3) working days or will be returned to the Contractor at cost

Product Range DevelopmentThe Contractor(s) must keep NLB advised of all technological advances applicable to their product range and items within this contract

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise Equipment may be called for clarification meetings held or visits to supplierrsquos premises etc may take place as part of the evaluation exercise Any evaluation equipment supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

Assignment The Principle Contractor shall not without written agreement of NLB assign the benefit or burden of this agreement or any part thereof

Gifts Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give or agree to give to any NLB employee or representative any gift or consideration of any kind as a bribe inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract Your attention is drawn to the criminal offences created by the Bribery Act 2010

Should a commercial organisation be convicted under Bribery Act 2010 it may be excluded from all future NLB tender processes

Bribery and Corruption

Page 13 of 51

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

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Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

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Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

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appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

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Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

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Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

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Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

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Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

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31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

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Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

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41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

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Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

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Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

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Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

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In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

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with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 14: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

NLB have zero-tolerance of bribery and corruption NLB Anti-Bribery policy extends to all business dealings and transactions and these both have a wide interpretation across all functions NLB Anti-Bribery policy must be complied with without exception

NLBrsquos Intellectual PropertyNLBrsquos names and logos are protected by Community Trade Marks Tenderers and Contractors must not infringement NLBrsquos Intellectual Property Rights by using these without NLBrsquos written approval and assignation

PublicityPublicity in relation to participation with this tender exercise is not permitted in any form Similarly any publicity (irrespective of the form including TV Radio Press etc) by the successful Contractor(s) must be with NLB express written permission approving each and every instance in advance NLB reserves the right to refuse publicity edit or suggest alternatives to the Contractorrsquos proposals

Freedom of Information Act 2000 StatementThe Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000 and is under a duty to disclose information relating to all contracts it enters into with third parties with the exception of information of which the disclosure (a) would constitute an actionable breach of confidence owed to the party providing the information or (b) would be likely to prejudice the commercial interests of the party providing the information This also applies to information supplied to us during the pre-qualification process Our scheme for disclosing information is available from our website at wwwnlborguk

In respect of any information submitted by a Potential Provider that it considers being commercially sensitive the Potential Provider should

1 clearly identify such information as commercially sensitive2 explain the potential implications of disclosure of such information and3 provide an estimate of the period of time during which the Potential Provider believes that such

information will remain commercially sensitive

Please submit responses to 1 2 or 3 as an Annex with the completed ITT

Where a Potential Provider identifies information as commercially sensitive NLB will endeavour to maintain confidentiality Potential Providers should note however that even where information is identified as commercially sensitive NLB might be required to disclose such information in accordance with the FoIA Accordingly NLB cannot guarantee that any information marked lsquocommercially sensitiversquo will not be disclosed

TransparencyTo help achieve greater transparency across its operations the Prime Minister has set out the following requirement ldquoall new central government contracts are to be published in full from January 2011rdquo This mandatory requirement applies to all contracts over pound10000 and shall apply to any contract established as part of this tender exercise Please be aware that only commercially sensitive information which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB

It is in your interest to provide a response with you tender submission where you believe there is commercially sensitive information which is exempt from disclosure as outlined above and in the Freedom of Information Act 2000 paragraph above If you do not provide this information it will be assumed that there is no commercially sensitive information needing to be exempt or redacted from publication

In addition to these transparency requirements the Minister for the Cabinet Office has set out a requirement for governments departments to identify those new contracts that have been awarded to an SME from 1 January 2011

We publish details of successful bids on the Governments Contracts Finder website and also the Transparency page of NLB website to show how contracts are managed We may also be required to release details under the Freedom of Information Act if requested For these reasons please do not put general confidentiality clauses in your tender as we can only accept them in very exceptional and

Page 14 of 51

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 15: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

narrowly defined circumstances If you do consider any information to be confidential please clearly set it out in a separate schedule (along with your reasons) Our conditions of contract contain clauses about confidential information - please read these thoroughly before submitting your tender

The following clauses will form part of the terms and conditions

TransparencyThe parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FOIA the content of this Contract (including but not limited to any documents subsequently developed to monitor delivery and performance of the contract) are not Confidential Information The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA

Notwithstanding any other term of this Contract the Contractor hereby gives his consent for NLB to publish the Contract (and any documents subsequently produced by either party as part of management of the contract ndash including but not limited to performance against key performance indicators and plans to rectify the same etc) in their entirety including from time to time agreed changes to the Contract to the general public

NLB may consult with the Contractor to inform its decision regarding any redactions that may be required to keep information which is exempt from disclosure under the FOIA from being disclosed but NLB shall have the final decision in its absolute discretion The Contractor shall assist and cooperate with NLB to enable them to publish this Contract

DiscriminationThe Contractor is responsible for obtaining a copy of NLB publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees agents and sub-contractors employed to perform the services of this contract comply with the provisions and spirit of each of these documents

Alcohol and Drugs PolicyNLB has engaged the services of an independent testing agency to undertake random drugs and alcohol testing on NLB personnel on board NLB ships The testing is required due to the high risk and continuously safety critical environment in which these NLB personnel and contractors operate

It is considered best practice among a wide number of both public and private sector operators

The decision as to when and where the random drug and alcohol test will take place will be decided jointly by the Director of Marine Operations and the HR Manager

Both ships and both crews will be tested at least once during a one year period All personnel and contractors onboard the vessel will be tested at that time

All personnel must provide photographic proof of identity to provide to the tester

The testing agency will conduct the tests on NLB premises and individuals to be tested will be asked to provide samples on that day without prior warning

Alcohol will be tested by way of a breath test and a result will be given immediately Any NLB personnel who tests above the limits outlined in Section 6 will be immediately suspended and a disciplinary investigation will be instigated Contractors who test above the limits outlined in Section 6 will be landed from the ship at the earliest opportunity and the issue referred to the employer

Drugs will be tested by individuals giving the tester a saliva sample The testing kits provide an immediate screening result Any non-negative results are sent for subsequent laboratory analysis (Confirmation Testing) Where a non-negative result is shown the individual will be immediately suspended pending the laboratory results If the laboratory results confirm a positive result the individual will be informed and a disciplinary investigation will be instigated

Standard Selection Questionnaire

Page 15 of 51

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

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Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

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appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

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Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

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Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

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Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

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Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

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31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

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Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

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Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

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63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

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Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

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Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

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In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

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with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

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14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 16: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Potential Supplier Information and Exclusion Grounds Part 1 and Part 2The standard Selection Questionnaire is a self-declaration made by you (the potential supplier) that you do not meet any of the grounds for exclusion1 If there are grounds for exclusion there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning)A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusions grounds Consequently we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2 For example these could be parent companies affiliates associates or essential sub-contractors if they are relied upon to meet the selection criteria This means that where you are joining in a group of organisations including joint ventures and partnerships each organisation in that group must complete one of these self-declarations Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self-declaration)

When completed this form is to be sent back to the contact point given in the procurement documents along with the selection information requested in the procurement documentation

Supplier Selection Questions Part 3The procurement document will provide instructions on the selection questions you need to respond to and how to submit those responses If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors you should complete all of the selection questions on behalf of the consortium andor any sub-contractors

If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay we reserve the right to amend the contract award decision and award to the next compliant bidder

Consequences of misrepresentationIf you seriously misrepresent any factual information in filling in the Selection Questionnaire and so induce an authority to enter into a contract there may be significant consequences You may be excluded from the procurement procedure and from bidding for other contracts for three years If a contract has been entered into you may be sued for damages and the contract may be rescinded If fraud or fraudulent intent can be proved you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation and you must be excluded from further procurements for five years

Notes for completion

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 16 of 51

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

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Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 17: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

1 The ldquoauthorityrdquo means the contracting authority or anyone acting on behalf of the contracting authority that is seeking to invite suitable candidates to participate in this procurement process

2 ldquoYourdquo ldquoYourrdquo refers to the potential supplier completing this standard Selection Questionnaire ie the legal entity responsible for the information provided The term ldquopotential supplierrdquo is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the ldquoregulationsrdquo) and could be a registered company the lead contact for a group of economic operators charitable organisation Voluntary Community and Social Enterprise (VCSE) Special Purpose Vehicle or other form of entity

3 Please ensure that all questions are completed in full and in the format requested If the question does not apply to you please state lsquoNArsquo Should you need to provide additional information in response to the questions please submit a clearly identified annex

4 The authority recognises that arrangements set out in section 12 of the standard Selection Questionnaire in relation to a group of economic operators (for example a consortium) andor use of sub-contractors may be subject to change and will therefore not be finalised until a later date The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria The authority will make a revised assessment of the submission based on the updated information

1 For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration

5 All sub-contractors are required to complete Part 1 and Part 22

6 For answers to Part 3 - If you are bidding on behalf of a group for example a consortium or you intend to use sub-contractors you should complete all of the questions on behalf of the consortium and or any sub-contractors providing one composite response and declaration

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office andor contracting authorities defined by the regulations or pursuant to an order of the court or demand made by any competent authority or body where the authority is under a legal or regulatory obligation to make such a disclosure

Part 1 Potential Supplier Information

2 See PCR 2015 regulations 71 (8)-(9)

Page 17 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

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Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

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Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

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Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 18: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration

Section 1 Question number

QuestionPotential Supplier Information

Response

11(a) Full name of the potential supplier submitting theInformation

11(b) ndash (i) Registered office address (if applicable)

11(b) ndash (ii) Registered website address (if applicable)

11(c) Trading statusa) public limited companyb) limited companyc) limited liability partnershipd) other partnershipe) sole traderf) third sectorg) other (please specify your trading status)

11(d) Date of registration in country of origin11(e) Company registration number (if applicable)11(f) Charity registration number (if applicable)11(g) Head office DUNS number (if applicable)11(h) Registered VAT number

11(i) - (i) If applicable is your organisation registered with the appropriate professional or trade register(s) in the member state where it is established

Yes No NA

11(i) - (ii) If you responded yes to 11(i) - (i) please provide the relevant details including the registration number(s)

11(j) - (i) Is it a legal requirement in the state where you are established for you to possess a particular authorisation or be a member of a particular organisation in order to provide the services specified in this procurement

Yes No

11(j) - (ii) If you responded yes to 11(j) - (i) please provide additional details of what is required and confirmation that you have complied with this

11(k) Trading name(s) that will be used if successful in this procurement

11(l) Relevant classifications (state whether you fall within one of these and if so which one)

a) Voluntary Community Social Enterprise(VCSE)b) Sheltered Workshopc) Public service mutual

11(m) Are you a Small Medium or Micro Enterprise (SME)3 Yes No

11(n) Details of Persons of Significant Control (PSC) where

3 See EU definition of SME httpseceuropaeugrowthsmesbusiness-friendly-environmentsme-definition_en

Page 18 of 51

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

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Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

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Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 19: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

appropriate 4 - Name - Date of birth - Nationality - Country state or part of the UK where the PSC usually lives - Service address - The date he or she became a PSC in relation to the company (for existing companies the 6 April 2016 should be used) - Which conditions for being a PSC are met

- Over 25 up to (and including) 50 - More than 50 and less than 75 - 75 or more 5

(Please enter NA if not applicable)11(o) Details of immediate parent company

- Full name of the immediate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)11(p) Details of ultimate parent company

- Full name of the ultimate parent company- Registered office address (if applicable)- Registration number (if applicable)- Head office DUNS number (if applicable)- Head office VAT number (if applicable)

(Please enter NA if not applicable)

Please note A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the persons of significant in control of them

Section 1 Question Response4 UK companies Societates European (SEs) and limited liability partnerships (LLPs) will be required to identify and record the people who own or control their company Companies SEs and LLPs will need to keep a PSC register and must file the PSC information with the central public register at Companies House See PSC guidance 5 Central Government contracting authorities should use this information to have the PSC information for the preferred supplier checked before award

Page 19 of 51

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

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Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

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Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

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Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

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Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

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Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

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Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

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Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

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Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

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Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

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Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 20: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Question number

Bidding Model

12(a) - (i) Are you bidding as the lead contact for a group of economic operators

Yes No If yes please provide details listed in questions 12(a) (ii) (a) (iii) and to 12(b) (i) (b) (ii) 13 Section 2 and 3

If no and you are a supporting bidder please provide the name of your group at 12(a) (ii) for reference purposes and complete 13 Section 2 and 3

12(a) - (ii) Name of group of economic operators(if applicable)

12(a) -(iii)

Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a contract if awarded If you do not propose to form a single legal entity please explain the legal structure

12(b) - (i) Are you or if applicable the group of economic operators proposing to use sub-contractors

Yes No

12(b) - (ii) If you responded yes to 12(b)-(i) please provide additional details for each subcontractor in the following table we may ask them to complete this form as well

Name

Registered address

Trading status

Company registration number

Head Office DUNS number(if applicable)Registered VAT number

Type of organisation

SME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate of contractual obligations assigned to each sub-contractor

Contact details and declaration

Page 20 of 51

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 21: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate

I declare that upon request and without delay I will provide the certificates or documentary evidence referred to in this document

I understand that the information will be used in the selection process to assess my organisationrsquos suitability to be invited to participate further in this procurement

I understand that the authority may reject this submission in its entirety if there is a failure to answer all the relevant questions fully or if falsemisleading information or content is provided in any section

I am aware of the consequences of serious misrepresentation

Section 1 QuestionContact details and declaration number

Response

13(a) Contact name13(b) Name of organisation13(c) Role in organisation13(d) Phone number13(e) E-mail address13(f) Postal address13(g) Signature (electronic is acceptable)13(h) Date

Part 2 Exclusion Grounds

Page 21 of 51

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 22: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Please answer the following questions in full Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declarations

Section 2 QuestionGrounds for Mandatory Exclusion

Response

21(a) Regulations 57(1) and (2)The detailed grounds for mandatory exclusion of an organisation are set out on pages 29 and 30 which should be referred to before completing these questions

Please indicate if within the past five years you your organisation or any other person who has powers of representation decision or control in the organisation been convicted anywhere in the world of any of the offences within the summary below and listed on pages 29 and 30Participation in a criminal organisation Yes

No 1048576If Yes please provide details at 21(b)

Corruption Yes No If Yes please provide details at 21(b)

Fraud Yes No If Yes please provide details at 21(b)

Terrorist offences or offences linked to terrorist activities

Yes No If Yes please provide details at 21(b)

Money laundering or terrorist financing Yes No If Yes please provide details at 21(b)

Child labour and other forms of trafficking in human beings

Yes No If Yes please provide details at 21(b)

21(b) If you have answered yes to question 21(a) please provide further detailsDate of conviction specify which of the grounds listed the conviction was for and the reasons for conviction

Identity of who has been convicted

If the relevant documentation is available electronically please provide the web address issuing authority precise reference of the documents

22 If you have answered Yes to any of the points above have measures

Yes No

Page 22 of 51

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 23: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self-Cleaning)

23(a) Regulation 57(3)Has it been established for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK) that the organisation is in breach of obligations related to the payment of tax or social security contributions

Yes No

23(b) If you have answered yes to question 23(a) please provide further details Please also confirm you have paid or have entered into a binding arrangement with a view to paying the outstanding sum including where applicable any accrued interest andor fines

Please Note The authority reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions

Section 3 QuestionGrounds for Discretionary Exclusion

Response

Page 23 of 51

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 24: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 30-32 which should be referred to before completing these questions

Please indicate if within the past three years anywhere in the world any of the following situations have applied to you your organisation or any other person who has powers of representation decision or control in the organisation

31(a) Breach of environmental obligations Yes No If yes please provide details at 32

31 (b) Breach of social obligations Yes No If yes please provide details at 32

31 (c) Breach of labour law obligations Yes No If yes please provide details at 32

31(d) Bankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Yes No If yes please provide details at 32

31(e) Guilty of grave professional misconduct Yes No If yes please provide details at 32

31(f) Entered into agreements with other economic operators aimed at distorting competition

Yes No If yes please provide details at 32

31(g) Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Yes No If yes please provide details at 32

31(h) Been involved in the preparation of the procurement procedure

Yes No If yes please provide details at 32

31(i) Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Yes No If yes please provide details at32

31(j) Please answer the following statements31(j) - (i) The organisation is guilty of serious

misrepresentation in supplying the information Yes No

Page 24 of 51

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 25: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

If Yes please provide details at 32

31(j) - (ii) The organisation has withheld such information Yes No If Yes please provide details at 32

31(j) ndash(iii) The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015

Yes No If Yes please provide details at 32

31(j)-(iv) The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Yes No If Yes please provide details at 32

32 If you have answered Yes to any of the above explain what measures been taken to demonstrate the reliability of the organisation despite the existence of a relevant ground for exclusion (Self- Cleaning)

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

Page 25 of 51

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

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Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

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Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 26: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

41 Are you able to provide a copy of your audited accounts for the last two years if requestedIf no can you provide one of the following answer with YN in the relevant box

Yes No

(a) A statement of the turnover Profit and Loss AccountIncome Statement Balance SheetStatement of Financial Position and Statement of Cash Flow for the most recent year of trading for this organisation

Yes No

(b) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

Yes No

(c) Alternative means of demonstrating financial status if any of the above are not available (eg forecast of turnover for the current year and a statement of funding provided by the NLBs andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

Yes No

42 Where we have specified a minimum level of economic and financial standing and or a minimum financial threshold within the evaluation criteria for this procurement please self-certify by answering lsquoYesrsquo or lsquoNorsquo that you meet the requirements set out

Yes No

Section 5 If you have indicated in the Selection Questionnaire question 12 that you are part of a wider group please provide further details below

Name of organisationRelationship to the Supplier completing these questions

51 Are you able to provide parent company accounts if requested to at a later stage

Yes No

52 If yes would the parent company be willing to provide a guarantee if necessary

Yes No

53 If no would you be able to obtain a guarantee elsewhere (eg from a bank)

Yes No

Section 6 Technical and Professional Ability61 Relevant experience and contract examples

Please provide details of up to three contracts in any combination from either the public or private sector voluntary charity or social enterprise (VCSE) that are

Page 26 of 51

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 27: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

relevant to our requirement VCSEs may include samples of grant-funded work Contracts for supplies or services should have been performed during the past three years

The named contact provided should be able to provide written evidence to confirm the accuracy of the information provided below

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements If this is not possible (eg the consortium is newly formed or a Special Purpose Vehicle is to be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member)

Where the Supplier is a Special Purpose Vehicle or a managing agent not intending to be the main provider of the supplies or services the information requested should be provided in respect of the main intended provider(s) or sub-contractor(s) who will deliver the contract

If you cannot provide at least one example for this questions in no more than 500 words please provide an explanation for this eg your organisation is a new start-up or you have provided services in the past but not under a contract an attach it as an annex to this tender

Contract 1 Contract 2 Contract 3Name of customer organisationPoint of contact in the organisationPosition in the organisationE-mail addressDescription of contractContract start dateContract completion datedEstimated contract value

62 Where you intend to sub-contract a proportion of the contract please demonstrate how you have previously maintained healthy supply chains with your sub-contractor(s)

Evidence should include but is not limited to details of your supply chain management tracking systems to ensure performance of the contract and including prompt payment or membership of the UK Prompt Payment Code (or equivalent schemes in other countries)

Page 27 of 51

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

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Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

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Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 28: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

63 Provide a sample of previous work report on a similar engine service

64 Risk Assessments amp Method Statements ndash In relation to work being carried out in February 2018

65 Guarantee ndash Please provide information regarding the warranty conditions of the service

66 Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 28 of 51

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 29: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Section 7 Modern Slavery Act 2015 Requirements under Modern Slavery Act 201571 Are you a relevant commercial organisation as defined

by section 54 (Transparency in supply chains etc) of the Modern Slavery Act 2015 (the Act)

Yes No

72 If you have answered yes to question 1 are you compliant with the annual reporting requirements contained within Section 54 of the Act 2015

Yes Please provide relevant the url hellip

No Please provide an explanation

8 Additional Questions

Suppliers who self-certify that they meet the requirements to these additional questions will be required to provide evidence of this if they are successful at contract award stage

Section 8 Additional Questions

81 Insurancea Please self-certify whether you already have or can commit to obtain prior to the

commencement of the contract the levels of insurance cover indicated belowYN

Employerrsquos (Compulsory) Liability Insurance = pound5m

Public Liability Insurance = pound5m

Please provide details of any additional insurance held

It is a legal requirement that all companies hold Employerrsquos (Compulsory) Liability Insurance of pound5 million as a minimum Please note this requirement is not applicable to Sole Traders

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

Page 29 of 51

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 30: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

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 2008841JHA on the fight against organised crime

CorruptionCorruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906

The common law offence of bribery

Bribery within the meaning of sections 1 2 or 6 of the Bribery Act 2010 or section 113 of the Representation of the People Act 1983

FraudAny of the following offences where the offence relates to fraud affecting the European Communitiesrsquo financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities

the common law offence of cheating the Revenue

the common law offence of conspiracy to defraud

fraud or theft within the meaning of the Theft Act 1968 the Theft Act (Northern Ireland) 1969 the Theft Act 1978 or the Theft (Northern Ireland) Order 1978

fraudulent trading within the meaning of section 458 of the Companies Act 1985 article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006

fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994

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

destroying defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969

fraud within the meaning of section 2 3 or 4 of the Fraud Act 2006

the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006 or the making adapting supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act

Terrorist offences or offences linked to terrorist activitiesAny offence

listed in section 41 of the Counter Terrorism Act 2008

listed in schedule 2 to that Act where the court has determined that there is a terrorist connection

under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points

Money laundering or terrorist financingMoney laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

Page 30 of 51

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 31: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti ndash Abuse Rule (GAAR) or the ldquoHalifaxrdquo abuse principle or

a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or ldquoHalifaxrdquo abuse principle

a failure to notify or failure of an avoidance scheme which the supplier is or was involved in under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established

Other offences Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England Wales and Northern Ireland

Any other offence within the meaning of Article 57(1) of the Directive created after 26 th February 2015 in England Wales or Northern Ireland

Discretionary exclusions

Obligations in the field of environment social and labour lawWhere an organisation has violated applicable obligations in the fields of environmental social and labour law established by EU law national law collective agreements or by the international environmental social and labour law provisions listed in Annex X to the Directive (see copy below) as amended from time to time including the following-

Where the organisation or any of its Directors or Executive Officers has been in receipt of enforcementremedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years

Page 31 of 51

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 32: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

In the last three years where the organisation has had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK) on grounds of alleged unlawful discrimination

In the last three years where any finding of unlawful discrimination has been made against the organisation by an Employment Tribunal an Employment Appeal Tribunal or any other court (or incomparable proceedings in any jurisdiction other than the UK)

Where the organisation has been in breach of section 15 of the Immigration Asylum and Nationality Act 2006

Where the organisation has a conviction under section 21 of the Immigration Asylum and Nationality Act 2006

Where the organisation has been in breach of the National Minimum Wage Act 1998

Bankruptcy insolvencyBankrupt or is the subject of insolvency or winding-up proceedings where the organisationrsquos assets are being administered by a liquidator or by the court where it is in an arrangement with creditors where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State

Grave professional misconductGuilty of grave professional misconduct

Distortion of competition Entered into agreements with other economic operators aimed at distorting competition

Conflict of interestAware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement procedure

Been involved in the preparation of the procurement procedure

Prior performance issuesShown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract damages or other comparable sanctions

Misrepresentation and undue influence The organisation has influenced the decision-making process of the contracting authority to obtain confidential information that may confer upon the organisation undue advantages in the procurement procedure or to negligently provided misleading information that may have a material influence on decisions concerning exclusion selection or award

Additional exclusion grounds Breach of obligations relating to the payment of taxes or social security contributions

ANNEX X Extract from Public Procurement Directive 201424EU

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) mdash

ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise

ILO Convention 98 on the Right to Organise and Collective Bargaining

ILO Convention 29 on Forced Labour

ILO Convention 105 on the Abolition of Forced Labour

Page 32 of 51

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

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Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

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Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 33: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

ILO Convention 138 on Minimum Age

ILO Convention 111 on Discrimination (Employment and Occupation)

ILO Convention 100 on Equal Remuneration

ILO Convention 182 on Worst Forms of Child Labour

Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)

Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEPFAO) (The PIC Convention) Rotterdam 10 September 1998 and its 3 regional Protocols

Consequences of misrepresentationA serious misrepresentation which induces a contracting authority to enter into a contract may have the following consequences for the signatory that made the misrepresentation-

The potential supplier may be excluded from bidding for contracts for three years under regulation 57(8)(h)(i) of the PCR 2015

The contracting authority may sue the supplier for damages and may rescind the contract under the Misrepresentation Act 1967

If fraud or fraudulent intent can be proved the potential supplier or the responsible officers of the potential supplier may be prosecuted and convicted of the offence of fraud by false representation under s2 of the Fraud Act 2006 which can carry a sentence of up to 10 years or a fine (or both)

If there is a conviction then the company must be excluded from procurement for five years under reg 57(1) of the PCR (subject to self-cleaning)

Grounds for Disqualification

Some of the grounds on which your tender may be disqualified are set out below These include but are not limited to

Incomplete Tender submission ndash this includes not providing all the information requested not returning the correct documents insufficient information provided and failure to sign the documents within the ITT

Late submission of Tender ndash not received by tender deadline Incorrect or changes to information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise

Page 33 of 51

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 34: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

with other companies ndash the form at Page 38 must be fully completed If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender

Failure to follow instructions given in the ITT Conflict of Interest ndash either declared or undeclared Canvassing any employee agent Board Member or other official of NLB and the NLBs

whether directly or indirectly Collusive Tendering ndash as detailed within the Declaration of Non-Collusion Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERES

1 Confidentiality of Tenders11 Please note the following requirements any breach of which will invalidate your Tender-

12 You must not tell anyone else even approximately what your tender price is or will be before the date of contract award The only exception is if you need an insurance quotation to calculate your tender price you may give your insurance company or brokers any essential information they ask for so long as you do so in strict confidence

13 You must not try to obtain any information about anyone elsersquos tender or proposed tender before the date of contract award If you do obtain any information about someone elsersquos tender you must inform us in writing of the nature and circumstances surrounding this within 5 working days of you obtaining the information

Page 34 of 51

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 35: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

14 You must not make any arrangements with anyone else about whether or not they should tender or about their or your tender price or any other aspect of either tender except where Tenderers are considering joint or team bids which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response

15 Tender documents or information in them or in respect of them may not be transferred or made available to anyone other than the party named in the invitation to tender without the prior specific approval of the Authority

16 The Declaration of Non Collusion must be completed and returned with your tender If your tender is successful this declaration will form part of the contract

17 You must ensure that all of your employees officers agents and representatives are aware of the nature of this confidentiality undertaking and that they agree to adhere to is as if they were a party to it

18 By submitting a tender in response to the Invitation to Tender you will be deemed to have accepted each of the foregoing as separate undertakings which are fully binding on you The undertakings will survive for a period of 5 years from the date of submission of your tender

2 Trading NamesInvoicingWhere invoices will be rendered by or payments are required to be made to an entity whose title differs in any respect from the title in which the tender is submitted full details must be provided in a letter accompanying the tender Successful tenderers who fail will provide this information at tender stage may experience delays in settlement of their account

3 Specification of StandardsWhere reference is made to a British or other approved standard an alternative but similar product meeting the national standard of another Member State of the European Community or an international standard recognised in another Member State will also be acceptable provided either standard offers an equivalent guarantee of safety suitability and fitness for purpose

4 FrameworkCall-off ContractsIf the specification and contract conditions specify that any contract awarded shall be in the form of a framework or call-off contract all orders under the contract will be placed by means of NLBrsquos official order forms examples of which will be supplied to selected tenderers No other ordering procedures will be valid

5 Form of TenderThe Form of Tender and Price Schedules must be completed signed and submitted in accordance with these Instructions All documents connected with the tender must be completed in English fully priced and totalled The documents should either be typed or completed in ink

There should be no UNAUTHORISED alterations or additions to any component of the tender documents Prices etc may be altered by striking through the incorrect figures and inserting the correct figures above them All alterations must be initialled

In completing the above reference should be made to the Additional Information requirements at paragraph 17

6 Group BiddersIn the event of a group of service providers suppliers or contractors submitting an acceptable offer the group will be required to nominate a lead partner with whom NLB can contract Alternatively the group will need to form themselves into a single legal entry before the contract is awarded An undertaking that the group will so form themselves if required by the NLB must be provided when the tender is submitted

7 QualificationsTenders must be submitted in accordance with the tender documents NLB may not consider any tender which is qualified by any terms or conditions or contract or general reservations however expressed

8 Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested

Page 35 of 51

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 36: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

9 Delivery DateWhere the tenderer wishes to offer delivery earlier than the date specified in the Conditions of Contract and or at an increased rate of delivery such earlier date and or increased rate shall be entered by the tender in the Schedule instead of the date and rate specified in the Conditions of Contract

10 Alternative Tender(s)Alternative tender(s) may be offered involving modifications to the specified requirements but will only be considered if accompanied by a tender based strictly on the tender documents Alternative tenders must be free of qualifications as stated above at paragraph 7 and be fully priced to show clearly how and where costs differ from the primary tender Technical queries should be referred to the officer nominated in the Invitation to Tender letter in order to ascertain what special criteria and requirements may apply in respect of the alternatives or modifications being contemplated Any such approval will be treated in confidence

Any alternative tender involving modifications to the specified requirements will be assessed on its merits and if considered valid may be accepted without resource to re-tendering

11 PriceAll unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound There is no restriction on the number of decimal places but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence Unless the Conditions of Contract allow otherwise the prices quoted shall be Firm throughout the period of the contract

12 Value Added Tax (VAT)Tendered prices must exclude VAT Where indicated VAT should be shown separately Invoices must show VAT separately

13 Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason It is recommended that tenders be sent by registered post recorded delivery or courier service Datapost or delivered by hand The envelope including the franking and any associated paperwork delivered with the tender envelope must not identify the sender One (1) original copy of your tender must be submitted within three (3) working days

14 Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB

15 Right to Accept Portion of Tender Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender NLB is not bound to accept the lowest or any tender or part thereof

16 Terms of PaymentNLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents

17 Additional information to be Included in Tender ProposalThe proposals should cover where appropriate-Sub-contract work intended to be placed with other bodies which would not be signatories to the main contractDetails of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part or parts of the organisation this applies If ISO 9000 is quoted then details of which part or parts are held should be quotedBrief details of the company including the number of staff employed in the UK and overseasThe place of manufacture should be recorded either as ldquoUNITED KINGDOMrdquo ldquoECrdquo OR ldquoOTHER OVERSEASrdquo as indicated on the Form of Tender (paragraph 5) EC or OTHER OVERSEAS is correct where the CIF value of the supply item at the port of entry is greater than 50 per cent of

Page 36 of 51

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

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Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 37: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

the offer price in the tender Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF (Carriage Insurance and Freight) value of the overseas manufacture is known or estimated to have been incurred in other EC countries In all other cases ldquoOTHER OVERSEASrdquo is correct VAT and customs duties should be excluded from the calculation The calculation should take into account the place of manufacture of components each assessed on the same basis to the extent that this is practicable If the CIF value at the port of entry is not known reasonable steps should be taken to estimate it

DECLARATION OF NON-COLLUSION

1 The Tenderer certifies to the Northern Lighthouse Board that this is a bona fide offer of services intended to be competitive and that this offer of services has not been affected by any arrangement or agreement with any other person(s) firm(s) or company(ies) The Tenderer certifies that it has not (nor has any employee agent officer or representative of the Supplier) at any time prior to the time and date set for return of this tender

11 communicated to any third party(ies) (nor will it or any employee agent officer or representative of the Supplier) communicate to any third party between the time of the Tendererrsquos submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tendererrsquos offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses service and service delivery elements personnel data know how trade

Page 37 of 51

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

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Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

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Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

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Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 38: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

secrets prices andor pricing structure except where such disclosure was necessary to obtain insurance cover or sureties to support the offer

12 entered into any agreement formal or informal with any third party whereby the Tenderer has agreed or arranged to refrain from offering services pursuant to the Invitation to Tender or to collude as to the nature of the offer to be submitted

13 offered or made any inducement to any third party with a view to affecting the propriety of the tendering process in any way nor will it make or offer any such inducements

2 The Tenderer declares that the services offered areare not affected by any prospect of a subsidy or other assistance from government or other public authority

21 Details of subsidy or other assistance from government or other public authority are as follows+ delete as appropriate+ provide details of scheme source of funds and amount

22 The Tenderer certifies that any such subsidy or any other assistance from government or other public authority is fully compliant with all relevant national and European competition law

3 The Tenderer confirms that it has not acted in any way which is or could reasonably be regarded as in restraint of free competitive bidding in respect of the Tendererrsquos response to the Invitation to Tender

4 The Tenderer shall ensure that its employees agents officers and representatives are made aware of the nature of this and the Tenderer shall ensure that such persons adhere to this declaration as if they had individually granted it

5 The Officer signing this declaration on behalf of the Tenderer confirms that it has done so after making due careful and diligent enquiry in respect of the responses contained herein

6 This declaration shall be governed in all respects and construed in accordance with Scots Law

Organisationrsquos name

Signed

Position

Date

FORM OF TENDER

1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule

Total Contract Price pound (Excluding VAT using indicative quantities)

Pricing Fixed until

Page 38 of 51

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

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Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

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Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

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Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 39: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

2 I agree that this tender and any contract which may result from it shall be based upon the documents listed below (and any other supplementary information provided by NLB since) that I have read understood and accept the terms of the Invitation to Tender and that the Authority is the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board (NLB)

Invitation to Tender package including Invitation to Tender Letter Terms and Conditions for the Purchase of Services Grounds for Disqualification Instructions to Tender Declaration of non-collusion Form of Tender Evaluation Matrix Tender Address Label

3 I agree that any other terms or conditions of contract or any general reservations which may be printed on any correspondence emanating from me in connection with this tender or with any contract resulting from this tender shall not be applicable to the Contract

4 GOVERNING LAW I agree that any contract that may result from this quote shall be subject to the law of Scotland and the jurisdiction of the Scottish courts

5 I have abided by the Confidentiality requirements set out in the tender document6 The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline7 I understand that any goods materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress9 I have provided all the information required and our tender submission is complete and accurate10 I understand the tender evaluation exercise may require participation site visits or other actions

deemed necessary by NLB and I am happy to participate 11 Iwe confirm that we have taken account of our legal and statutory obligations as well as all relevant

Government codes and policies (eg taxes environmental protection employment protection and working conditions) in our tender where they would be applicable to the supply of the Good or Services

12 To help Government develop its procurement policy in respect of small businesses the Department needs to gather information about the size of the organisations we invite to tender Please tick one of the following boxes

Please tick here if your organisation has between 1 and 50 employees

Please tick here if your organisation has between 51 and 249 employees

Please tick here if your organisation has 250 or more employees

In addition

Please tick here if your organisation is a registered company

Page 39 of 51

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 40: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

13 Iwe confirm that all copy material submitted is identical in every respect to the original regardless of the format or media in which it is submitted and that any electronic copy has been virus checked and is clear at the time of despatch

Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip duly authorised to sign quotation for and on behalf of (IN BLOCK CAPITALS)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Postcode helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Tel No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Fax No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Email helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip delete as appropriate

Evaluation Matrix

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial aspects and all tender documents returned 75

Project Costs 70

Pricing Mechanism 5

Financial Standing(For successful bidder only) Page 26 PassFail

Acceptance of Contract terms YesNo

All Tender documents complete and returned YesNo

Page 40 of 51

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 41: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10) Weighted Score Comments

Capability amp Project Information 25Provide a sample of previous work report on a similar engine service

Page 28 15

Risk Assessments amp Method Statements ndash In relation to the work being carried out in February 2018

Page 28 5

Guarantee ndash please provide information regarding the warranty conditions of the service

Page 28 5

Confirmation of timescales for work to be carried out between 5-23 February 2018

Page 29 PassFail

Information provided in the standard selection questionnaire

Page 16-29 Yes No

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

1 PLEASE NOTE

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 2811 2812 40 41 42 43 48 452 AND SCHEDULE 25 (HEREINAFTER REFERRED TO AS THE

Page 41 of 51

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 42: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

ldquoMANDATORY OGC MODEL AGREEMENT CLAUSESrdquo) WHICH ARE AVAILABLE ON THE PURCHASERrsquoS BUYER PROFILE AT httpnlbg2binfo HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN

IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT THE FORMER WILL PREVAIL

1 DEFINITIONSIn these conditions

ldquoConditionsrdquo mean the terms and conditions set out in this document as amended novated restated or supplemented from time to time by any written special terms and conditions of sale or supply set out in the Purchase Order

ldquoContractrdquo means the contract between the Purchaser and the Supplier consisting of the Purchase Order the Mandatory OGC Model Agreement Clauses quote or tender accepted by the Purchaser these Conditions and any other documents (or parts thereof) specified in such Purchase Order tender or quote and any Schedules annexed

ldquoPremisesrdquo mean the location where the Services are to be performed as specified in the Contract or Purchase Order

ldquoPurchase Orderrdquo means the document setting out the Purchaserrsquos requirements for the Contract

ldquoPurchaserrdquo means The Commissioners of Northern Lighthouses (known as the Northern Lighthouse Board) a body incorporated under the Merchant Shipping Act 1894 and re-constituted under the Merchant Shipping Act 1995 and having its headquarters at 84 George Street Edinburgh

ldquoServicesrdquo mean the services to be provided as specified by the Purchaser in the Purchase Order and shall where the context so admits include any materials articles and goods to be supplied thereunder

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued

2 THE SERVICES21 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser or any written order of the Purchaser which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions

22 The Supplier shall perform the Services with reasonable skill care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto

23 The Services shall conform in all respects with the requirements of any statutes orders regulations or bye-laws from time to time in force

24 In all circumstances the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract

3 DELIVERY31 The Services shall be provided at the Premises or such other location as specified by the Purchaser Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring

Page 42 of 51

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

Page 44 of 51

Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

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Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 43: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees servants agents or sub-contractors

32 Where any access to the Premises is necessary in connection with performance of the Services the Supplier and any employees servants agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaserrsquos security and fire arrangements and shall conduct themselves in an appropriate manner to minimise disruption to the locality others working and neighbours of such Premises

33 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services andor cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any part of the Services that for any other reason shall in its opinion be desirable Any such variation may include (but shall not be restricted to) additions omissions alterations substitutions to the Services and changes in quality form character kind timing method or sequence of the Services

42 Save as otherwise provided herein no variation of the Services as provided for in Condition 41 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally in the first instance the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period

43 Where any such variation of the Services made in accordance with Condition 41 and 42 has affected or may affect the costs incurred by the Supplier in providing the Services the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion appropriate and reasonable in the circumstances

5 INSPECTION OF PREMISES AND NATURE OF SERVICES51 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises

52 The Purchaser shall at the request of the Supplier grant such access as may be reasonable for this purpose6 SUPPLIERS STATUS61 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

611 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser and

612 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser its staff or agents

7 SUPPLIERrsquoS PERSONNEL71 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be

Page 43 of 51

Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
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Northern Lighthouse Board

removed from involvement in the performance of the Contract the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require

73 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive

74 The Supplier shall bear the cost of any notice instruction or decision of the Purchaser under this Condition

8 MANNER OF CARRYING OUT THE SERVICES81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior written consent

82 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations

83 The Purchaser shall have the power at any time during the progress of the Services to order in writing

831 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or harmful to health or the environment or not in accordance with the Contract andor

832 the substitution of proper and suitable materials andor

833 the removal and proper re-execution notwithstanding any previous test thereof or interim payment thereof of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

84 On completion of the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable) Time is of the essence of the Contract The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require

10 PAYMENT101 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services

102 Unless otherwise stated in the Contract payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears for work completed to the satisfaction of the Purchaser

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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

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Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
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Northern Lighthouse Board

103 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct complying where applicable at its own cost with any waste legislation order directive or regulations or policy including those referred to in clause 192 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants agents or sub-contractors shall be made good at the Supplierrsquos expense Without prejudice to any other of the rights of the Purchaser the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give or agree to give to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889 the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time

14 PATENTS INFORMATION AND COPYRIGHT141 It shall be a condition of the Contract that except to the extent the Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the performance of the Services shall infringe any patent trade mark registered design copyright or other right in the nature of industrial or intellectual property of any third party and the Supplier shall indemnify the Purchaser against all actions claims demands costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition

142 All rights (including NLBship and copyright) in any reports documents specifications instruction plans drawings patents models or designs whether in writing or on magnetic or other media

1421 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1422 prepared by or for the Supplier for use or intended use in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser

and (without prejudice to Condition 172) the Supplier shall not and shall procure that its employees servants sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract) without the prior written consent of the Purchaser use or disclose any such reports documents specifications instructions plans drawings patents models designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaserrsquos prior written consent

Page 45 of 51

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 46: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

143 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising

144 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplierrsquos account The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaserrsquos own business interests Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaserrsquos business If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaserrsquos Data Protection Policy the Supplier should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

15 INDEMNITY AND INSURANCE151 Without prejudice to any right or remedies of the Purchaser the Supplier shall indemnify the Purchaser against all actions liabilities suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier any negligent or wilful act or omission of the Supplier or any defect in the Services

152 Except in the case of loss damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 151 shall apply whether or not the loss damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser) the indemnity contained in Condition 151 shall not apply to the extent that the loss damage or injury is caused by the negligent or wilful act or omission of the Purchaser

153 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises

1531 employerrsquos liability insurance in accordance with any legal requirements for the time being and

1532 public liability insurance for not less that pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing and in such sum and range of cover as the Supplier deems to be appropriate from time to time but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions

154 The policy or policies of insurance referred to in Condition 153 shall be exhibited to the Purchaser whenever requested together with satisfactory evidence of payment of premiums

16 DISCRIMINATION161 In relation to the Contract the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 the Sex Discrimination Act 1975 the Disability Discrimination Act 1995 the Equality Act 2006 the Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010 The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract

162 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaserrsquos (i) Code of Respect and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplierrsquos obligations under the Contract shall comply with the provisions and the

Page 46 of 51

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 47: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION171 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

172 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision

173 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the ldquoFoIArdquo)

174 The parties acknowledge that except for any information which is exempt from disclosure in accordance with the provisions of the FoIA the content of the Contract is not Confidential Information The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA Notwithstanding any other term of the Contract the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract to the general public The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract

175 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure including without limitation (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification andor (b) which constitutes a trade secret

176 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation statute order directive regulation or government policy on the disclosure of information regarding government contracts This disclosure may include the number of tenders received the identity of the successful tenderer the winning contract price the specification of goods or services to be supplied terms and conditions of contract quality and performance standards and subsequent performance against those quality and performance standards

177 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

178 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants employees agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplierrsquos policies procedures systems and measures pertaining to the protection of its own information technology when so requested)

179 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising

Page 47 of 51

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 48: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

18 TERMINATION181 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

1811 where the Supplier is an individual and if a petition is presented for the Supplierrsquos bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier or he is apparently insolvent or he makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignation for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

1812 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity if any event in 1811 or 1813 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company or

1813 where the Supplier is a company if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order or the company makes a composition or arrangement with its creditors or an administrator administrative receiver receiver or manager is appointed by a creditor or by the court or possession is taken of any of its property under the terms of a fixed or floating charge

1814 the Supplier ceases or threatens to cease to carry out the Services

1815 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder

1816 the Purchaser reasonably apprehends that any of the events contained in this Condition 181 is about to occur in relation to the Contract and notifies the Supplier accordingly

182 On the occurrence of any of the events described in Condition 181 or if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 andor the Adults with Incapacity (Scotland) Act 2000 the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect Thereafter and without prejudice to any other of its rights the Purchaser may complete the Services or have them completed by a third party using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials plant and equipment on the Premises belonging to the Supplier and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaserrsquos own costs) If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier the difference shall be recoverable by the Purchaser from the Supplier

183 In addition to its rights of termination under Condition 181 and 182 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect

184 Termination under paragraphs 181 182 or 183 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments orders or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment

Page 48 of 51

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 49: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

Regulations 2007 the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser whether specifically or generally The Supplier shall indemnify the Purchaser against all liability actions suits claims damages demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph

192 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 200296EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No 541) The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No172) and Directive 200295EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier that sum may be deducted from any sum then due or which at any later time may become due by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier

21 ASSIGNATION AND SUB-CONTRACTING211 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser Sub-contracting any part of the Contract shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions

212 Where the Purchaser has consented to the placing of sub-contracts copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day or if not a business day then on the next occurring business day thereafter

23 ARBITRATION231 All disputes differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive and except to the extent to which special provision for arbitration is made elsewhere in the Contract shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement nominated by the President of the Law Society of Scotland for the time being on the application of either party Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010

232 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010

24 HEADINGS amp MISCELLANEOUS241 The headings to these Conditions shall not affect their interpretation

Page 49 of 51

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 50: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

Northern Lighthouse Board

242 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective

243 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision

244 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ldquoRegulationsrdquo) on the termination of the Contract by whatever means the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

The Northern Lighthouse Board is committed to making payment promptly in line with British Standard BS 7890 Any comments on our performance in this area should be directed to Mr R Lanni Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Version 91 April 2012

Page 50 of 51

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of
Page 51: nlb.g2b.infonlb.g2b.info/docs/Tender_-_Main_Engine_Services.doc  · Web viewWartsila L20 cylinder head service cost £ per cyl head ... This Tender has been created in MS Word 2013

NORTHERN LIGHTHOUSE BOARD

TENDER RETURN LABEL

51 of 51

Tender No OPSHENG145726

To arrive no later than 1200 hours

On Wednesday 17 January 2018

Notes1 The envelope to which this is attached must not bear

any indication of the tendererrsquos name

2 It is the tendererrsquos responsibility to ensure that the tender is delivered by the due deadline should a tender arrive late a date stamp produced by a franking machine is not acceptable as proof of the date of posting when considering admissibility

Director of Business ServicesNorthern Lighthouse Board84 George StreetEDINBURGHEH2 3DA

TENDER

Postage must be

paid

  • TENDER
    • 1 I have read the documents listed below and subject to and upon the terms and conditions contained in the said documents I offer to supply the services specified at the prices quoted by me in the pricing schedule
      • Signedhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip In the capacity of