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TENDER FOR THE UPGRADE & REPLACEMENT OF BOILER SYSTEM – OBAN DEPOT

NLB REF: DOBA/BOIL/1116

INTRODUCTION

Important Information

Please note that there will be a site visit to allow Tenderers to view the works required prior to the closing date. Details of the site visit are on Page 12. It is important that Tenderers or their representative(s) attend the site visit, any Tenderers submitting a tender that have not attended the site visit, will not be considered. Full details of the evaluation criteria are detailed in Annex VIII of this document.

You may wish to read NLB’s Procurement Guide and a copy can be found on our buyer profile http://nlb.g2b.info under the Buyer Profile/Other Information headings.

Contents

Introduction

3

Background Information – NLB

4

Point of Contact

5

Submitting a Tender

6

Agreement Nature

7

NLB Requirements

8 - 15

Pricing Schedule

16 – 17

Tender Information Schedule

18 – 31

Statement of Good Standing – Annex I

32

Discretionary Grounds for Rejection – Annex II

33

Grounds for Disqualification

34

Instructions to Tender – Annex III

35 – 38

Declaration of Non-Collusion - Annex IV

39 – 40

Form of Tender - Annex V

41 – 42

Evaluation Matrix - Annex VI

43 – 45

Tender Label - Annex VII

46

Conditions of Contract for the Purchase of Services - Annex VIII

47 - 57

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 Fiona Lynch, Commercial Manager, Email: [email protected] as soon as possible and where possible explain why you have decided not to tender.

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

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

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

All information contained within this ITT will be used to inform NLB’s project board/team relating to this project alone.

Tenderers are advised to answer all questions. While a lack of response may not preclude you from consideration, NLB will request no further information before the evaluation of responses other than clarification of the tender submitted if needed. 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 VIII

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 – Freedom of Information Act 2000.

You may wish to read NLB’s Procurement guide and a copy can be found on our buyer profile http://nlb.g2b.info under the buyer Profile/Other Information headings.

Background Information

The Commissioners of Northern Lighthouses – operating as the Northern Lighthouse Board (NLB) and the Corporation of Trinity House (England, Wales, Channel Islands and Gibraltar) together with the Commissioners of Irish Lights (the whole of Ireland - are the General Lighthouse Authorities (GLAs) with responsibility, subject to certain provisions, for the superintendence and management of “all lighthouses, buoys and beacons” throughout their respective geographical areas including “the adjacent seas and islands....” within and beyond territorial waters. In all, the GLAs provide some 1,200 traditional aids complemented by a mix of radio navigation aids for the safety of all mariners engaged in general navigation irrespective of who pays for the service, the size or type of the vessel, her equipment fit, the competence of her crew, or her flag.

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

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

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

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

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

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

For further information please see our website: www.nlb.org.uk

Point of Contact

All enquiries must be addressed, to Donald Innes as the single point of contact for this exercise, at the address shown below and must be submitted in writing or by email; these shall all be recorded and email is preferable. Tenderers should be aware that it will be the intention of NLB to circulate in writing, to all interested parties all queries and enquiries received together with our response. The source of the question will not be disclosed. To ensure that all Tenderers have the same information, we will respond to all queries and points of clarification raised by 16:00 hours on Thursday 2 April 2015.

The closing date for receipt of tender is Wednesday 8 April 2015 at 12:00 hours (noon). You should note that NLB may seek amplifying information from Tenderers, or from third parties in amplification of any part of the submission.

Donald Innes

Procurement Administrator

Northern Lighthouse Board

84 George Street

Edinburgh

EH2 3DA

United Kingdom

Email: [email protected]

Tel: 00 44 131 473 3130

Fax: 00 44 131 473 2436

Completed Tenders should be forwarded using the label provided at Annex VII to:

Director of Finance


84 George Street

Edinburgh

EH2 3DA

United Kingdom

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

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

You must address all aspects of pricing within your tender submission including the method for charging the service, additional services required, recoverable expenses etc. Please ensure that you detail all costs involved with the service provision and any associated costs. NLB will not be liable for any unidentified costs. Please do not hasten the progress of your tender. All Tenderers will be advised at appropriate stages of the evaluation process and there is no advantage to be made by hastening progress.

Submitting a Tender*

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

Whilst Tenders must be returned in hardcopy using the label provided at Annex VIII, you can also email your Tender submission to [email protected] if you wish to ensure delivery before the deadline. Please put “Tender Ref: DOBA/BOIL/1116 as the subject of the email. We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent. Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender. This email box is only opened following the deadline and the above procedure still applies. Tenders received after the closing date will not be considered. Emailed copies will only be accepted if the original 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 NLB’s Project Team. Interviews will be held in NLB Board Room at 84 George Street, Edinburgh, Scotland, United Kingdom and attendance is entirely at your own cost. The final detail of such requests will be identified at the tender evaluation stage, all requests will be made in writing and appropriate conditions for participation may be attached.

Agreement Nature

This agreement shall be for a fixed cost for the replacement of the Boiler System at NLB Oban Depot at Gallanach Road, Oban, Argyll, PA34 4LS may be awarded in whole or in part, however NLB reserve the right not to make an award.

Any quantities referred to within this tender document will be indicative and official order(s) will be issued for requirements during the agreement period.

NLB may appoint more than one Contractor to ensure all our requirements are fully met. You may wish to consider using Sub-Contractors, a joint venture or other method of fully meeting our requirements within your tender submission. The successful Tenderer must provide evidence of their professional accreditation for a commercial gas installation within their tender reply.

This contract can be terminated by NLB with 30 days written notice.

NLB Requirements

The Oban base operates a LTHW heating system that is made up of 5 boilers that are supplied from a mains gas system

· 3 are located in the in the Buoy store/ESTF building in a boiler room

· 2 are located in the Main store below the Offices in a boiler room

One of the boilers in the main store was replaced in late 2014 with an Ideal Evomax 60 Condensing Boilers, as it had become impossible to procure spare parts for the original boilers which are approximately 14 years old, it is now the Board intension to replace the remaining four (4) Clyde Bluemax 60-4 wall mounted boilers units.

It is the Boards intention to award this contract to a single contractor, and it is envisaged that the successful Tenderer will be responsible for the decommissioning strip out and dispose of the existing four (4) Clyde Bluemax 60-4 wall mounted boilers units within the Buoy store/ESTF building & Main Store boiler rooms and all associated pumps and pipe work.

Prior to the decommission of the existing LTHW system the successful Tenderer will make arrangements to attend site to carry out a health check on the existing controls installation and any other equipment associated with Boilers and provide a report.

To ensure consistence and commonality with the recently replaced LTHW Boiler unit in 2014, the Board with only consider Ideal Evomax 60 Condensing Boilers for consistence with future maintenance and support reason. The successful Tenderer shall then supply, install, test and commission a new LTHW system with four (4) Ideal Evomax 60 Condensing Boilers which will connect to the existing main LTHW distribution pipework and ventilation systems within the Buoy store/ESTF building & Main Store boiler rooms. Equipment data sheets must be submitted with your tender reply for any proposed equipment.

Welding Procedure and Approvals

The successful Contractor shall produce and submit welding procedures for any proposed works. The Tenderer must demonstrate their capability to conduct the appropriate type and class of work in line with the relevant British Standard or equivalent and provide details of the skilled craftsman in possession of a current Certificate of Competence appropriate to type and class of work, issued by an approved authority. The Contractor shall provide copies of any certification that verifies the integrity of the materials, by request, to NLB. Also, any records of tests prescribed to the proposed works, shall be provided.

Project Timescales

It is envisaged that the above works will be carried out over a maximum period of 10 working days to minimise impact on heating to buildings and for continual heating to be available to both buildings. All works to be carried out during normal working hours of the Oban base which are 08:00-16:35hrs, Monday – Friday. Tenderer must confirm their acceptance to the maximum project timescale period of 10 working days or indicate their envisaged project timescales to complete the works. A project plan and programme of works must be submitted with your tender reply.

Training & Operating Manual

Upon the successful installation and commissioning of the new LTHW heating system the successful Tenderer with provide user training on operating the new LTHW heating system to key Oban Base staff including the supply of one (1) hard copy user/operating manual. Details of your user training should be included within your tender reply.

Service Level Agreement & Maintenance Support

A fixed five (5) year cost for the maintenance and support agreement is required for the proposed new LTHW heating systems and as such any SLA’s provided must be included with the tender response, listing estimated target fix times for the proposed new LTHW heating system at NLB Oban Depot, Gallanach Road, Oban, Argyll, PA34 4LS. The document should also included escalation procedures, reporting mechanisms and schedule service visits. Also a list of all support procedures including support staffing contact numbers and contact information must also be provided.

Scope of works

Boilers

· Isolate & drain down existing Clyde Bluemax 60-4 wall mounted boilers

· Remove boilers & flues from site,

· Supply & install 4 No Ideal Evomax 60 condensing boiler,

· Supply & install concentric flues & terminals,

· Alter heating flow & return pipework to suit new boiler connections, and connect from existing isolating valves,

· Alter gas pipework to suit new boiler connections, and connect from existing isolating valve,

· Reconnect electrically & test,

· Commission each boiler on completion.

3 Port Valves

· Isolate valves & drain down,

· Remove valves,

· Supply & install replacement 3 port valves,

· Alter pipework to suit, replacement valve dimensions vary slightly, also replacing unions,

· Re-fix existing actuator & test.

Additional information

· The above works to be carried out over a 10 day max period to minimise impact on heating to buildings and for continual heat to be available to both buildings. All works to be carried out during normal working hours of the Oban base which are 08:00-16:35 Mon-Fri

· The boilers to be commissioned by the manufacturer’s representative,

· Arrange for the attendance of a controls engineer visit, they will also require to carry out a health check on the existing controls installation & report back,

· Required checks to be carried out on other equipment associated with Boilers

· An optional fixed 5 year maintenance and support contract

· Training to be provided for operating system to key Base staff including hard copy operating manual.

· Proof commercial gas installation accreditation.

Tender Submission Requirements*

Your tender proposals must include: -

· A covering letter

· Form of Tender

· Pricing Schedule

· Declaration of Non-Collusion

· Statement relating to good standing completed

· Details of how the contract will be operated and managed, including Method Statements & Risk Assessment relating to project

· Any other applicable information.

· Detail of sub-contractors

· Any further information you deem relevant, any qualification of tender or other supporting details.

· Certificate of Bona Fide Tender

· Equipment/Product Data Sheets & Information

· Pricing Proposals covering services requested and additional services offered

· An example of a Service Level Agreement.

· Proof commercial gas installation accreditation.

· Any other Accreditations & Professional Qualifications

· Health & Safety Policy and supporting documentation

· Full details of the responsible person(s)/project engineer allocated to project including CV`s and experience. This should also include full contact details

· Welding relevant British Standard or equivalent and provide details of the skilled craftsman in possession of a current Certificate of Competence to conduct works

· Any other applicable information or alternative offers.

It is in your interest to ensure that all the information requested is provided within your tender submission. Incomplete tenders may be disqualified and NLB will only ask for clarification of the tender submitted but will not request additional or incomplete information.

Contract Award Criteria

The award criteria (and weighting) is detailed below: -

· Pricing, Agreeable contract Terms and Conditions, and (55%)

Criteria

Weighting

Project Costs

Equipment Cost/ Decommissioning/

Installation/Commissioning Costs

40%

Maintenance & Support Costs

10%

Training & Operator Manual Cost

5%

Agreeable contract terms and conditions

Yes/No

Bona Fide/Statement of Good Standing/Declaration of Non-Collusion/Form of Tender

Yes/No

· Site Visit (Pass/Fail)

Tenderers or their representatives submitting a tender that have not attended the site visit will not be considered for this Tender

Pass/Fail

· Capability, Suitability and Appropriateness of Proposals (30%)

Criteria

Weighting

Covering Statement on how Contract will be managed and considered all aspects of the installation & Services

5%

Method Statements & Risk Assessments.

5%

Programme of Works/Project Plan

5%

Accreditations & Registration to Professional Body

5%

Tenderer confirms delivery of project within 10 Days

5%

Example of Service Level Agreement & Levels of Support

5%

· Staff, Similar Contracts & Tender Information (15%)

Similar Contracts (3.4) & Staff/Personnel experience of similar contracts (3.2) including Sub-contractors experience (2.1 & 2.2) including Organisational charts

9%

Equipment/Product Data Sheets & Information

2%

Commercial Gas Installer, Welding Standard & Supporting Documents

4%

Health & Safety Information

Yes/No

Insurance

Yes/No

Quality Assurance

Yes/No

List of Equipment Data Sheets

Yes/No

Environmental Management

Yes/No

Organisation Details

Yes/No

Disputes

Yes/No

Equality

Yes/No

Corporate Social Responsibilities

Yes/No

Timetable

Set out below is the proposed procurement timetable. This is intended as a guide and, whilst the NLB does not intend to depart from the timetable, it reserves the right to do so at any time.

Timescale

Issue of Invitation to Tender

24 February 2015

Site Visit

10 – 13 March 2015

Tender return deadline

8 April 2015

Tender Evaluation

8 – 10 April 2015

Tender Award

23 April 2015

Commencement of Contract

Mutually Agreed Date

Contract Pricing

This contract will have fixed costs for each project. The price will remain fixed for a minimum period of 120 days from the return of tender. NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary.

Termination of Contract

Failure to meet the required timescales and any changes to the contract costs may result in immediate termination of the contract by NLB. This contract can be terminated by NLB with 30 days written notice

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

All goods, materials or equipment belonging to the contractor are carried and stored in NLB premises are entirely at the Contractor’s own risk and NLB shall have no liability for such items.

Contract Progress Meetings

Progress meetings during the duration of the contract shall be held at key stages of the contract and may be held at any of NLB’s offices; the Contractors premises or any other site deemed appropriate during Contract.

Key Performance IndicatorsThe Contractor shall be expected to report to NLB regarding performance of the services. Sub-Contractors

As Principal Contractors you may wish to sub-contract parts of this contract. You are free to choose your sub-contractors but must advise NLB of all sub-contractors in writing and in advance of their sub-contract offer, NLB reserves the right to approve all sub-contractors in advance and sub-contractors cannot attend any NLB site without our prior approval. This will not relieve the Principal Contractor of any obligation or duty under the contract.

Contractor’s Conduct

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

Site Visit

A site visits for this project has been arranged between 10th to 13th March 2014. Please contact Mr Donald Innes, Procurement Administrator Tel: 0131 473 3130 or by email [email protected] to confirm the preferred date of attendance and names of representatives attending site.

Specifications

Throughout the Specification/Pricing Schedules documentation we may use trade names or references. These are for illustrative purposes and Tenderers are free to suggest equivalent suitable products (these may be direct equivalents, higher specification known to be suitable or more cost effective products) The onus is with Tenderers to ensure that the equivalent product is appropriate, to the same or higher specification and suitable for NLB’s purposes.

Where specific trade names and references are specified for compatibility or warranty reasons this will be clearly justified within the document and only the item specified can be provided.

Your tender submission must fully detail all equivalent suitable products being proposed and the reasoning behind this.

Contract Pricing

This contract will have fixed costs for each item up to final acceptance stage including the five (5) maintenance and support element.

Tenderers may wish to provide an alternative schedule of rates that will cover any additional work instructed together with annual support arrangement costs. This pricing will remain fixed for a minimum period of 1 year from the date of contract award. Following this period cost 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 in the tender.

Tenderers MUST provide:

1. A short note explaining how the proposed index meets the three criteria above

2. Five years historical date for the proposed index.

Tenderers must submit their proposed pricing together with any payment proposals. Please note that it is NLB practice to pay 14 days following receipt of a correct invoice. Pro-forma or in advance payments will not be made.

Tenderers must fully detail their payment proposals within your tender submissions and the final payment terms will be subject to agreement between NLB and the successful Tenderer.

Tenderers must detail the pricing structures for any other appropriate chargeable elements.

Variations to the Contract

The Contractor shall not vary the Specification unless instructed by NLB in writing. The Contractor may propose Variations to the Contract for the consideration of NLB but shall not vary the Contract unless instructed in writing by NLB.

Use of Oils on NLB sites

Tenderers must demonstrate within their tender submission that oils on site shall be adequately bunded in accordance with all current regulations. A copy of your Emergency Procedure for dealing with Oil Spills must be provided with your tender submission.

Standard Office Hours

Our headquarters standard hours are 8.45am to 5.10pm, Monday to Friday, excluding Public Holidays and we also operate a flexible working hours system for our staff between 07.30am and 6.30pm.

NLB’s Intellectual Property

NLB’s names and logos are protected by Community Trade Marks. Tenderers and Contractors must not infringement NLB’s Intellectual Property Rights by using these without NLB’s written approval and assignation.

Publicity

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

Gifts, Hospitality and Bribery

Tenderers and Contractors shall not offer or give, or agree, to give, to any employee or representative of the Northern Lighthouse Board any gift or consideration of any kind as an inducement or reward for doing or regaining 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 the Northern Lighthouse Board 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 Public Bodies Corrupt Practices Act 1889 and the Prevention of Corruption Acts 1906 and 1916 and The Bribery Act 2010.

Transparency

To help achieve greater transparency across its operations the Prime Minister has set out the following requirement “all new central government contracts are to be published in full from January 2011”. This mandatory requirement applies to all contracts over £10,000 and shall apply to any contract established as part of this tender exercise. Please be aware that only commercially sensitive information, which is exempt from disclosure in accordance with the Freedom of Information Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of NLB.

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

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

Freedom of Information Act 2000 Statement

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

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

clearly identify such information as commercially sensitive;

explain the potential implications of disclosure of such information; and

provide an estimate of the period of time during which the Potential Provider believes that such information will remain commercially sensitive.

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

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

Discrimination

The Contractor is responsible for obtaining a copy of NLB`s 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 these documents.

Fair and Open Procurement

NLB will take all actions necessary and available to ensure openness, fairness and equality in its procurement and contracting activities. It will also actively promote equality of opportunities in its tendering and enquiry processes, in order to ensure that all parties are given the same chances and opportunities to participate in NLB procurement processes.

NLB will not tolerate Contractors or sub-contractors who operate any policy of discrimination, whether active or passive. If, as a Tenderer to the NLB, you feel that you have not been given equal opportunity to promote your products and services during this tender exercise, initial complaints must be addressed to Fiona Lynch, Commercial Manager, NLB (as detailed on Page 4)

Bribery and Corruption

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

Price Schedule

Specification & Pricing: Tenderers are requested to complete the following schedule 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.

No

Description

Cost £ Excl. Vat

Comments

1

Attend site to carry out a health check on the existing controls installation and any other equipment associated with Boilers and provide a report.

Total Cost £ Excl. VAT

No

Description

Cost £ Excl. Vat

Comments

2.

Isolate & drain down existing Clyde Bluemax 60-4 wall hung boilers

Removal & Disposal of boilers & flues from site

Supply 4 No Ideal Evomax 60 Condensing Boiler, and any other associated material or equipment

Install 4 No Ideal Evomax 60 Condensing Boiler, and any other associated material or equipment

Supply & install concentric flues & terminals,

Alter heating flow & return pipework to suit new boiler connections, and connect from existing isolating valves,

Alter gas pipework to suit new boiler connections, and connect from existing isolating valve,

Reconnect electrically & test,

Commission each boiler on completion by the manufacturer’s representative


No

Description

Cost £ Excl. Vat

Comments

3

Isolate valves & drain down,

Removal & Disposal of valves from site

Supply & install replacement 3 port valves,

Alter pipework to suit, replacement valve dimensions vary slightly, also replacing unions,

Re-fix existing actuator & test.


No

Description

Cost £ Excl. Vat

Comments

4

User training on operating the new LTHW heating system for key Oban Base staff including the supply of one (1) hard copy user/operating manual


No

Description

Cost £ Excl. Vat

Comments

5

Fixed five (5) year maintenance and support contract.


Signed ………………………………………………………..

Date …………………………………………………………

Name(in Block Capitals)……………………………………..

Position………………………………………………………

For and on Behalf of (In Block Capitals)

……………………………………………………………….

Pricing will be fixed until: ………………………………….

Email: ..............................................................................

Tenderer Information Schedule*

In this schedule we ask for supporting information, this should not be onerous to complete but you must provide this information as it is used as part of the evaluation of the tender submissions.

1. Organisation Details

1.1. Full legal name, address and website of the Potential Provider in whose name the tender will be submitted (the Prime or Single contractor):

Company Name

Address

Town/City

Postcode

Country

Website (if any)

1.2. Name, position, telephone number and e-mail address of main contact for this project.

Name

Position

Telephone Number

Fax Number (if available)

E-mail (if available)

1.3. Current legal status of the Potential Provider (e.g. partnership, private limited company, etc.)

Please(tick one box)

Sole Trader

Partnership

Public Limited Company

Private Limited Company

Other (please state)

1.4. Date and place of formation of the Potential Provider and, if applicable, registration under the Companies Act 2006.[footnoteRef:1] Please provide copies of Certificates of Incorporation (where appropriate) and any changes of name, registered office and principal place of business. [1: Potential Providers established outside the United Kingdom may provide equivalent information. For a list of acceptable equivalent information please refer to in Regulation 23(7) of the Public Contracts Regulations 2006.]

Date of formation

Place of formation

Date of registration

Company registration number

Certificates enclosed

YES / NO (please delete)

Registered Office

Principal place of business

1.5. Ownership structure

a) Full legal name and address of Parent Company if applicable:

Company Name

Address

Town/City

Postcode

Country

Company registration number [footnoteRef:2] [2: Or, for parent companies established outside the United Kingdom, equivalent information as set out in Regulation 23(7) of the Public Contracts Regulations 2006.]

b) Full legal name and address of (ultimate) Parent Company if applicable:

Company Name

Address

Town/City

Postcode

Country

Company registration number[footnoteRef:3] [3: Or, for parent companies established outside the United Kingdom, equivalent information as set out in Regulation 23(7) of the Public Contracts Regulations 2006.]

c) If the Potential Provider is a division or subsidiary, what is its relationship with the Parent Company (ownership, directorship, authority, etc)

Relationship

d) Please provide a one-page chart illustrating the ownership structure of the Potential Provider including relations to any parent or other group or holding companies.

Ownership structure enclosed (please tick √)

1.6. Please provide a brief history of the Potential Provider’s organisation.

Brief history of the Potential Provider’s organisation, no more than 400 words, including details of any parent and associated companies and any corporate re-organisations or changes of ownership over the last 5 years including details of significant pending developments, changes in financial structure or ownership, prospective take-over bids, buy-outs and closures, etc which are currently in the public domain.

1.7. Registration with professional body

Where applicable, is the Potential Provider registered with the appropriate trade or professional register(s) in the EU member state where it is established (as set out in Annex IX B of Directive 2004/18/EC) under the conditions laid down by that member state[footnoteRef:4]). [4: In the UK this condition is satisfied by registration with Companies House or a declaration on oath that the candidate is carrying on business in the trade in question in the UK at a specific place of business and under a specific trading name.]

Evidence of registration with appropriate professional/trade bodyEither insert required details or state ‘None’

1.8. Charities or Housing Association or other Registration number (if this applies). Please specify registering body.

Registering body

Registration number

1.9. VAT registration number

VAT Registration number

1.10. Please provide a Company organisational structure diagram.

Company Organisation Structure attached

Yes /No

2. Subcontracting

All Potential Providers should answer question 2.1. Where a Potential Provider at this stage of the process intends to sub-contract elements of the project they should also answer questions 2.2 and 2.3 below detailing the sub-contractors (?). Where a Potential Provider becomes aware of the intention to subcontract at later stages in the procurement they are required to notify NLB of this and provide the information requested below at that time. Where a Potential Provider is a consortium they should indicate which members are proposing to deliver the services.

2.1. Please indicate which of the following applies

a) Your organisation is bidding to provide the services required itself (if ‘Yes’, go to question 3)

Yes / No

b) Your organisation is bidding in the role of Prime Contractor and intends to use third parties to provide some services

Yes / No

c) the potential provider is a consortium

Yes / No

2.2. If your answer to 2.1 is (b) or (c) please indicate in the table below (by inserting the relevant company/organisation name) the composition of the supply chain, indicating which member of the supply chain (which may include the Potential Provider itself or solely be the Potential Provider) will be responsible for the elements of the requirement.

Requirement

Company / Organisation

How much of the requirement and what will they directly deliver (%)

List of previous experience of similar works in the past 3 years

2.3. If your answer to 2.1 is (b) and you are unable to confirm all sub-contractors (complete supply chain) at this stage, you will need to demonstrate a satisfactory methodology and track record of delivering a supply chain. Please give a brief outline on policy regarding the use of sub-contractors and, if applicable, the extent to which it is envisaged they may be used in any contract.

Methodology for procuring supply chain ([300] words or fewer)

3. Capability

3.1. Please provide details of the Potential Provider’s principal areas of business activity, main products or services

Description of the Potential Provider’s primary business and main products or services.

3.2. Please provide details of the Potential Provider’s staff numbers. Please provide details of the average annual numbers of staff and managerial staff over the previous 3 years. Including details of staff with similar work experience and staff CV’s allocated to this project, including sub contractors.

Year

Staff numbers

Managerial Staff

Technical staff involved with the delivery and support of this type of contract

3.3. If there are any areas where there may be or has the potential to be a conflict of interest (whether now or during the contract period) please declare these, giving full details.

Conflict of Interest Details

Does this have any potential to cause a conflict of Interest?

Yes/No

3.4Please provide information relating to the Potential Provider’s experience of contracts for similar services, demonstrating the similarities in provided products and services to this requirement including any relevant project case studies :-

· Potential Providers should provide details of three similar private or public sector contracts for the supply of services which it has performed. These should have been performed during the past three years. NLB should not be given as a contract reference.

· Information should not be given about contracts performed by any envisaged supply chain member or sub-contractor.

· The contracts should have been similar to the services as specified in this tender document.

· Potential Providers should ensure that the companies listed would be willing to provide a reference for them and be willing to discuss the Potential Provider’s performance with NLB. NLB reserves the right to contact any or all of these companies for a reference and may wish to visit their premises.

Customer name and address

Contact name, telephone number and email address

Date contract awarded plus, start and finish dates

Contract reference and brief description of requirements undertaken (and value of contract)

Certificate of Acceptance[footnoteRef:5]/ Completion attached? (Y/N) [5: The certificate of acceptance is a document which contains evidence of confirmation that the particular contract was completed.]

Names of supply chain members (sub contractors) and/ or consortium members and their role

1.

2.

3.

· Potential Providers should provide full details of any contracts that have been terminated, cancelled or ended early by either the Customer or the Provider including the reason the termination/cancellation etc.

Have any contracts been terminated during the last 5 years? If Yes please provide full details below.

Yes / No

1.5 In relation to the requirement please provide details of the Potential Provider’s office facilities and operational bases for this service.

Details of office facilities and operational base.

3.6 Please provide details of the Potential Provider’s technical ability to perform the contract, including details of skills, efficiency, experience, reliability, methodologies and approaches relevant to the contract including detail of any sub-contractors involvement in this service.

Details of the Potential Provider’s technical ability to manage installation & Service

3.7 Please provide details of the Potential Provider’s measures for ensuring quality in relation to the services provided under the contract and your support services including details of your approach to contract and project management, service delivery and complaints. (Details of your quality attestation registrations (if any) for example under ISO9001 or equivalent are required in section 6 of this document)

Details of the Potential Provider’s measures to ensure quality such as Quality Management systems

3.8 Please provide full detail of Maintenance & Support & SLA for the proposed new LTHW boiler system.

Provide detailed of Maintenance & Support & SLA for proposed new LTHW boiler system. Including example

3.9 Please provide details of accreditation for Commercial Gas Installation

Details of accreditation for Commercial Gas Installation

3.10 Please provide full details of the Decommissioning & Disposal of Existing LTHW heating System

Provide detailed of the Decommissioning & Disposal of Existing LTHW heating System

.

3.11 Please provide full details of the installation & commissioning of the proposed and any welding procedures.

Please provide full details of the installation & commissioning of the proposed new LTHW heating System and any welding procedures

3.12 Please provide an details of training on new LTHW heating System

Provide an details of training on new LTHW heating System

3.13 Please provide details of proposed programme of works and project plan for the proposed new LTHW heating system.

Please provide details of proposed programme of works and project plan for the proposed new LTHW heating system.

3.14 Please confirm your agreement to completing the installation of the new LTHW boiler system with 10 working days.

Agreement to completing the installation of the new LTHW boiler system with 10 working days

YES / NO

3.15 Please provide example of method statement and risk assessments relating to the proposed project

Please provide example of method statement and risk assessments relating to the proposed project

3.16 Please provide the specification, datasheet and end of life dates for any proposed equipment or products included within this project.

Specification, datasheet and end of life dates for any proposed equipment or products included within this project

4 Insurance

Please provide evidence of the Employers' liability insurance; public liability insurance; professional liability and/or indemnity insurance; and any other appropriate Insurance held by the Potential Provider. The evidence should include the name of the insurers, policy numbers, expiry dates and limits for any one incident and annual aggregate caps and the excesses under the policies. Please be aware that our Tender documents will require specific minimum levels of the insurance required for the successful contractor. Copies of your insurance certificate are required within your tender reply.

4.1 Insurance details

Type of insurance

Employers’ Liability

Public Liability

Professional Indemnity

Other

Name of insurer

Address

Policy numbers

Expiry date

Limits of indemnity (per occurrence and aggregate)

Excess (if any)

5. Disputes

6.1Is there any material pending or threatened litigation or other legal proceedings connected with similar projects against the Potential Provider and/or any of its named supply chain members (sub-contractors) that may affect delivery of this project?

a)

Legal proceedings pending


b)If you have answered ‘Yes’ to 6.1(a) please give an explanatory statement:

Brief statement (300 words or fewer)

Either insert required details or state ‘None’

5.2Has there been any material litigation or other legal proceedings connected with similar projects against the Potential Provider and/or any of its named supply chain members (sub-contractors) that may affect delivery of this project in the last three years?

a)

Legal proceedings


b)If you have answered ‘Yes’ to 7.3(a) please give an explanatory statement:

Brief statement (300 words or fewer)

Either insert required details or state ‘None’

6. Additional Information

6.1 Quality Assurance

Does your organisation hold a recognised Quality Management System certification from an independent body attesting conformity to quality assurance standards based on the relevant European standard or equivalent standard? For example BS/EN/ISO 9000 or equivalent?

Yes/No

If so, please provide a copy of the certificate

If not, does your organisation have a quality management system?

Yes/No

If so, please attach an outline of the system.

If not, please explain why.

6.2 Health and Safety

Is your organisation legally obliged to have a Health and Safety Policy?

Yes/No

Does your organisation make sure it complies with the Health and Safety at Work Act 1974?

Yes/No

Does your organisation have a written Health and Safety Policy? Please provide a copy.

Yes/No

Does your organisation train its staff in Health and Safety?

Yes/No

If you answer No to any of these questions please explain why.

Please provide details of:-

· Your accident and incident record including RIDDOR records (Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995)

· Any HSE, Local Authority Improvement, Prohibition Notice or other warning letter or notice issued to you within the past three years.

· If you have had any such Notices or warnings how have things been put right to prevent this happening again.

6.3 Equality

If you do not have such a policy or training please explain why.

Is it your policy as an employer to comply with all Equality related legislation, and is it your policy not to treat any one group of people less favourably than others because of their age, disability, gender, race, religion/belief or sexual orientation?

Yes/No

In the last three years has any finding of unlawful discrimination been made against your organisation by any court or industrial or employment tribunal?

Yes/No

Does your organisation have a written Equality Policy?

Yes/No

Does your organisation train its staff in Equality and Diversity issues?

Yes/No

6.4 Environmental Issues

Do you operate a documented environmental management system?

Yes/No

If you do not have such a system please explain why

Is this system certified by an independent body attesting conformity to environmental management standards based on the Community Eco-Management and Audit Scheme or the relevant European or International standards or equivalent, and which NLB may apply to the contract?

Please include a copy of applicable certificates

Yes/No

If you do which of the following statements best describes it? (Please tick box)

A) It has effective management processes and procedures to manage the significant environmental impacts of our business.

B) It defines the significant environmental impacts of our business but only has plans for the introduction of effective management processes and procedures.

C) It only identifies the environmental impacts of our business.

D) None of the above.

6.5 Corporate Social Responsibility (CSR)

Does your organisation have a written CSR Policy?

Yes/No

If you do not have such a policy please explain why.


Page 41 of 57

NLB Tender Introduction - Replacement Boiler System – Oban Depot

Doc No:79,662

Active Date: 13 February 2015

Version: 03

Status: Final Document

Annex ISTATEMENT RELATING TO GOOD STANDING

STATEMENT RELATING TO GOOD STANDING — GROUNDS FOR OBLIGATORY EXCLUSION (IN ELIGIBILITY) AND CRITERIA FOR REJECTION OF CANDIDATES in accordance with Regulation 23 of the Public Contracts Regulations 2006 (as amended)

PROJECT TITLE: TENDER FOR THE UPGRADE & REPLACEMENT OF BOILER SYSTEM – OBAN DEPOT

We confirm that, to the best of our knowledge, the Potential Provider is not in breach of the provisions of Regulation 23 of the Public Contracts Regulations 2006 (as amended) and in particular that:

Grounds for mandatory rejection (ineligibility)

The Potential Provider or its directors or any other person who has powers of representation, decision or control of the named organisation has not been convicted of any of the following offences:

(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 Joint Action 98/733 JHA (as amended);

(b) corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906 (as amended);

(c) the offence of bribery; within the meaning of the Bribery Act 2010;

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

(i) the offence of cheating the Revenue;

(ii) the offence of conspiracy to defraud;

(iii) fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978;

(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985 or section 993 of the Companies Act 2006;

(v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994;

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

(vii) destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968;

(e) money laundering within the meaning of the Money Laundering Regulations 2003 or Money Laundering Regulations 2007; or

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

Organisation’s name

Signed

Position

Date

Annex IIDiscretionary grounds for rejection

The Potential Provider confirms that it:

(a) being an individual is not bankrupt or has not had a receiving order or administration order or bankruptcy restrictions order made against him or has not made any composition or arrangement with or for the benefit of his creditors or has not made any conveyance or assignment for the benefit of his creditors or does not appear unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has not granted a trust deed for creditors or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of his estate, or is not the subject of any similar procedure under the law of any other state;

(b) being a partnership constituted under Scots law has not granted a trust deed or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of its estate;

(c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has not passed a resolution or is not the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, nor had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is not the subject of similar procedures under the law of any other state;

(d) has not been convicted of a criminal offence relating to the conduct of his business or profession;

(e) has not committed an act of grave misconduct in the course of his business or profession;

(f) has fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the organisation is established;

(g) has fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established;

(h) is not guilty of serious misrepresentation in providing any information required of him under this regulation;

(i) in relation to procedures for the award of a public services contract, is licensed in the relevant State in which he is established or is a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member.


Signed

Position

Date

Grounds for Disqualification

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

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

· Late submission of Tender – not received by tender deadline

· Incorrect, or changes to, information supplied in your tender

· Lack or breach of confidentiality

· Publicity of involvement with this exercise

· Undeclared collusion with other companies – the form at Annex IV must be fully completed. If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender.

· Failure to follow instructions given in the ITT.

· Conflict of Interest – either declared or undeclared.

· Canvassing any employee, agent, Board Member or other official of NLB and the NLBs whether directly or indirectly.

· Collusive Tendering – as detailed within the Declaration of Non-Collusion

· Completed Statement of Good Standing

· Anti-competitive practice

· Not attending the Site Visit

· Discrimination – breaches of legislation or NLB policy

Annex III

INSTRUCTIONS TO TENDERERSConfidentiality of Tenders

1.1. Please note the following requirements, any breach of which will invalidate your Tender:-

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

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

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

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

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

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

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

2. Trading Names/Invoicing

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

3. Specification of Standards

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

4. Framework/Call-off Contracts

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

5. Form of Tender

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

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

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

6. Group 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. Qualifications

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

8. Incomplete Tenders

NLB may not consider tenders which do not contain all information and particulars requested.

9. Delivery 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. Price

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

12. Value Added Tax (VAT)

Tendered prices must exclude VAT. Where indicated VAT should be shown separately. Invoices must show VAT separately.

13. Submission of Tenders

Tenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline. NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason. It is recommended that tenders be sent by registered post; recorded delivery or courier service; Datapost or delivered by hand. The envelope, including the franking, and any associated paperwork delivered with the tender envelope must not identify the sender. two (2) original copy of your tender must be submitted.

14.Tender Validity

Tender(s) should remain open for acceptance for a minimum period of 125 days from the Tender Deadline or for such a period as may be specified by NLB.

15. Right to Accept Portion of Tender; Lowest or Any Tender

Unless stipulated by the Tenderer NLB reserves the right to accept any part of the tender. NLB is not bound to accept the lowest or any tender or part thereof.

16. Terms of Payment

NLB normally makes payment within 30 days of receipt and agreement of invoices unless otherwise stated in the documents.

17. Additional Information to be Included in Tender Proposals

The proposals should cover where appropriate:-

Sub-contract work intended to be placed with other bodies, which would not be signatories to the main contract.

Details of a quality assurance (QA) system complying with the requirements of ISO 9000 and to what part, or parts, of the organisation this applies. If ISO 9000 is quoted then details of which part or parts are held should be quoted.

Brief details of the company, including the number of staff employed in the UK and overseas.

The place of manufacture should be recorded either as “UNITED KINGDOM”, “EC” OR “OTHER OVERSEAS” as indicated on the Form Of Tender (paragraph 5). EC or OTHER OVERSEAS is correct where the CIF (Carriage, Insurance and Freight) value of the supply item at the port of entry is greater than 50 per cent of the offer price in the tender. Where this is the case a supply item should be classified as EC if 50 per cent or more of the CIF value of the overseas manufacture is known or estimated to have been incurred in other EC countries. In all other cases “OTHER OVERSEAS” is correct. VAT and customs duties should be excluded from the calculation. The calculation should take into account the place of manufacture of components; each assessed on the same basis, to the extent that this is practicable. If the CIF value at the port of entry is not known, reasonable steps should be taken to estimate it.

Annex IV

DECLARATION OF NON-COLLUSION*

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

1.1. communicated to any third party/(ies) (nor will it or any employee, agent, officer or representative of the Supplier) communicate to any third party between the time of the Tenderer’s submission of its tender and the date of the award of any contract pursuant to the Invitation to Tender the nature or detail of the Tenderer’s offer of services in respect of the Invitation to Tender (including without limitation proposed tender responses, service and service delivery elements, personnel, data, know how, trade secrets, prices and/or pricing structure, except where such disclosure was necessary to obtain insurance cover or sureties to support the offer;

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

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

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

2.1. Details of subsidy or other assistance from government or other public authority are as follows+;

* delete as appropriate

+ provide details of scheme, source of funds and amount

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

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

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

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

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


Signed

Position

Date

Annex V

FORM OF TENDER1. 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 Goods and related Services specified, at the prices quoted by me in the Pricing Schedule.

Total Annual Contract Price £

(Excluding VAT, using indicative quantities)

Pricing Fixed until:

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

Invitation to Tender package including:

· Invitation to Tender Letter

· Description of Works

· Tender Information Schedule

· Annex I Statement of Good Standing

· Annex II Discretionary Grounds for Rejection

· Annex III Instructions to Tender

· Annex IV. Declaration of non-collusion*

· Annex V Form of Tender

· Annex VI. Evaluation Matrix

· Annex VII. Tender Address Label

· Annex VIII Conditions of Contract for the Purchase of Goods and related Services

· Freedom of information Act Statement 2000

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

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

5. I have abided by the Confidentiality requirements set out in the tender document.

6. The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 125 calendar days from the deadline.

7. I understand that any goods, materials or equipment belonging to the company are stored at NLB’s premises entirely at our own risk and NLB shall have no liability for these items.

8. I will not hasten progress of this tender and will await contact from NLB as to progress.

9. I have provided all the information required and our tender submission is complete and accurate.

10. I understand the tender evaluation exercise may require participation, site visits or other actions deemed necessary by NLB and I am happy to participate.

11. I/we confirm that we have taken account of our legal and statutory obligations, as well as all relevant Government codes and policies (e.g. taxes, environmental protection, employment protection and working conditions) in our tender, where they would be applicable to the supply of the Good or Services.

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

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

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

· Please tick here if your organisation has 250 or more employees

In addition:

· Please tick here if your organisation is a registered company

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

Signed…………………………………………………In the capacity of

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

……………………………………………………………

Address……………………………………………..

……………………………………………..

……………………………………………..

Postcode……………………………………………..

Tel No.……………………………………………..

Fax No.……………………………………………..

Email……………………………………………..

Website……………………………………………..

Date……………………………………………..

* delete as appropriate

Annex VI

EVALUATION MATRIX

Evaluation Marking

The evaluation panel will review and mark each tender submitted using a range of 0 to 10. The representative score will be chosen from the full range 0-10 taking the following into consideration:-

Unacceptable 0

Fair 3

Average 5

Good 7

Excellent 10

Prior to commencing the tender evaluation marking, each tender received will be considered against the following rejection criteria. Where grounds are established tenders will be rejected and the Tenderer advised accordingly.

TENDER FOR THE UPGRADE & REPLACEMENT OF BOILER SYSTEM – OBAN DEPOT

NLB REF: DOBA/BOIL/1116

Tender Evaluation Matrix

Candidate: Assessor: Date:

Criteria for Evaluation

Relevant ITT Sections

Weight

Score (1-10)

Weighted Score

Comments

Project Cost, All tender documents returned

55%

Project Costs

Equipment Cost/ Decommissioning/Installation/Commissioning Costs

40%

Maintenance & Support Costs

10%

Training & Operator Manual

5%

Acceptance of Contract terms

Yes/No

All tender docs completed

Yes/No

Site Visit

Pass/Fail

Pass/Fail

Have Tenderers or their Representative attended site visit

Page 12

Pass/Fail

CAPABILITY & PROJECT INFORMATION

30%

Covering Statement on how Contract will be managed and considered all aspects of the installation & Services

(3.1, 3.6,3.11,3.12)

5%

Method Statements & Risk Assessments. (3.10)

(3.16)

5%

Programme of Works/Project Plan (3.10)

(3.14)

5%

Accreditations & Registration to Professional Body

(1.7)

5%

Tenderer confirms delivery of project within 10 Days

(3.15)

5%

Example of Service Level Agreement & Levels of Support

(3.8)

5%

STAFF, SIMILAR PROJECTS & ORGANISATION INFORMATION

15%

Similar Contracts (3.4) & Staff/Personnel experience of similar contracts (3.2) including Sub-contractors experience (2.1 & 2.2)

(2.1,2.2, 3.2, 3.4)

9%

Welding Standards & Supporting documentation

(3.11)

4%

Equipment/Product Data Sheets & Information

(3.11)

2%

Insurance certificates

(4.1)

Yes/No

Health & Safety Information

(7.2)

Yes/No

Quality Assurance

(7.1)

Yes/No

Environmental Management

(5.1)

Yes/No

Information on Timber

Yes/No

Information on Oils

Yes/No

Organisation Details

(1.1)

Yes/No

Disputes

(6.1)

Yes/No

Equality

(7.4)

Yes/No

Corporate Social Responsibilities

(7.5)

Yes/No

Total

Completed by

Date

1.

Tender No: _ DOBA/BOIL/1116

To arrive no later than 12:00 hours (noon)

On Wednesday 8 April 2015

Notes:

1. The envelope to which this is attached must not bear any indication of the tenderer’s name.

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

(Postage must bepaid)

Director of Finance


84 George Street

EDINBURGH

EH2 3DA

TENDER

Annex VII

Annex VIII

CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)

These conditions may be varied only with the written agreement of the Purchaser. No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless specifically agreed in writing by the Purchaser

PLEASE NOTE:

PLEASE NOTE:

THE OFFICE OF GOVERNMENT COMMERCE MODEL ICT SERVICES AGREEMENT CLAUSES 28.11; 28.12; 40; 41; 42; 43; 48; 45.2 AND SCHEDULE 2.5 (HEREINAFTER REFERRED TO AS THE “MANDATORY OGC MODEL AGREEMENT CLAUSES”) WHICH ARE AVAILABLE ON THE PURCHASER’S BUYER PROFILE AT http://nlb.g2b.info HEREBY FORM PART OF THE CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF EXPRESSLY SET OUT IN THEIR ENTIRETY IN THE OPERATIVE PART OF THE CONTRACT.

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE “AUTHORITY” IS A REFERENCE TO THE CLIENT 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.

1CONDITIONS

In these conditions:

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

“Contract” means the contract between the Purchaser and Supplier consisting of any Purchase Order, the Mandatory OGC Model Agreement Clauses, the Supplier’s quote or tender accepted by the Purchaser, (as the case may be), and any other documents (or parts thereof) referred to in them, including these Conditions and any Schedules annexed;

“Goods” mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplier’s sub contractors) pursuant to or in connection with this Contract;

“Premises” mean the location where the Goods are to be delivered or the Services are to be performed as specified in the Contract or Purchase Order;

“Purchase Order” means the document setting out the Purchaser’s requirements for the Contract;

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

”Services” mean the services provided as specified in the Contract including (but not restricted to) installation of goods and shall, where the context so admits, include any materials, articles and goods to be supplied in connection with any such services;

“Supplier” means the person, firm or company to whom the Contract is issued.

2THE GOODS AND SERVICES

2.1The Supplier shall sell and the Purchaser shall purchase the Goods and the Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser, or any written order of the Purchaser which is accepted by the Supplier, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.

2.2The Supplier shall perform the Services with reasonable skill, care and diligence and the Goods and Services shall be to the reasonable satisfaction of the Purchaser and shall conform in all respects with any particulars specified in the Contract and in any variation thereto.

2.3 The Goods and Services shall conform in all respects with the requirements of any statutes, orders, regulations or byelaws from time to time in force.

2.4 The Goods shall be fit and sufficient for the purpose for which such goods are ordinarily used and for any particular purpose made known to the Supplier by the Purchaser and in all circumstances the Purchaser relies on the skill and judgement of the Supplier in the supply of the Goods and the execution of the Contract.

2.5 Any storage or transportation that may be provided by the Purchaser for any property belonging to the Supplier shall be provided without acceptance by the Purchaser of any liability whatsoever in respect of such property.

3THE PRICE

3.1The price of the Goods and any Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed by the Purchaser in writing before the commencement of performance of the Contract.

3.2Unless otherwise agreed in writing by the Purchaser, the Supplier shall render a separate invoice in respect of each consignment of Goods delivered under the Contract. Payment shall be due 30 days after receipt of the Goods or completion of the Services or the receipt of the correct invoice therefor, whichever is the later.

3.2 Value Added Tax, where applicable, shall be shown separate

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