nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall...

82
NORTHERN LIGHTHOUSE BOARD TENDER FOR THE PROVISION OF: OBAN CRANE REFERENCE: DOBA/CRAN/1513 This Tender has been created in MS Word 2013 and is designed to be completed electronically. Tenderers will be able to view existing Crane and the layout of the Oban site for the proposed Crane, prior to submitting a tender. Please forward a request for a viewing date to John Marr, at the contact details provided on page 5. On completion of received tenders, contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose, prior to completion of the evaluation process as detailed on page 10. Full details of the evaluation criteria are detailed on page 12 of this document. If you have downloaded this Tender from our Buyer Profile can you please register your interest with John Marr, Procurement Officer, by email to [email protected] this will ensure that you are provided with any subsequent clarification information. Page 1 of 82 Issue No: 1 Revision No: 1 Classification: Official Active Date: 25 July 2018

Transcript of nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall...

Page 1: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

TENDER FOR THE PROVISION OF OBAN CRANE

REFERENCE DOBACRAN1513

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

Tenderers will be able to view existing Crane and the layout of the Oban site for the proposed Crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

On completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of the evaluation process as detailed on page 10

Full details of the evaluation criteria are detailed on page 12 of this document

If you have downloaded this Tender from our Buyer Profile can you please register your interest with John Marr Procurement Officer by email to Procurementnlborguk this will ensure that you are provided with any subsequent clarification information

Page 1 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Contents

Introduction 3

Background Information ndash NLB 4

Point of Contact 5

Submitting a Tender 6

Description of Goods and Related Services 7

Standard Selection Questionnaire 17

Grounds for Disqualification 37

Instructions to Tender 38

Declaration of Non-Collusion 41

Armed Forces Covenant 42

Form of Tender 43

Evaluation Matrix 45

Tender Label 58

Page 2 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Introduction

Following our OJEU Open Procedure contract notice you have requested our invitation to tender (ITT) documents Please ensure you understand all aspects of this ITT All information contained within this ITT will be used by the Northern Lighthouse Board (NLB) for the purposes of this project only

This tender is subject to the EU Procurement Directive 201524EU Open Procedure and our notice ndash 2018S 145-331369

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 Page 10

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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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 Organisationrsquos 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Point of Contact

All enquiries must be addressed to John Marr Procurement Officer as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Friday 17 August 2018

The closing date for receipt of tender is Monday 27 August 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

John Marr Procurement OfficerNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukTel 0131 473 3147

Completed Tenders should be forwarded using the label provided on Page 58

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 will be placed by our Reception Staff within a double locked tender box The Director of Business Services and Procurement 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 Procurement Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Procurement and Supply Chain Team 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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 on Page 58 you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref DOBACRAN1513 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 For tenders submitted by email hard copies should be submitted within 2 working days

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

Armed Forces CovenantThe Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made further information is provided on page 41

The Covenantrsquos 2 key principles are that

the armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial services

special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages tenderers and contractors to sign up to the commitments of the Covenant However participation in this process is not mandatory and non-participation will not be considered detrimental to a tendererrsquos participation in this tender process

Involvement or non-involvement with the Armed Forces Covenant will not form part of the evaluation process associated with this or any tender process conducted by Northern Lighthouse Board

Agreement Nature

The NLB standard terms and conditions for the Purchase of Goods and Related Services shall apply to any contract that may be arranged and will prevail over all others imposed or implied

Page 6 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Description of Goods and Related Services

It is the intention of the NLB to award this contract to a single Contractor and is seeking competitive pricing for the Purchase of a Mobile Crane to the below minimum specification Please note the Crane will be operating only within the Oban premises therefore no road tax is required

Mobile Crane - Specification Checklist

Specification Confirmation proposed Crane has this Function Capability

Capable of operating with Outriggers fully extended within a width of 62 metres

Yes No

Capable of lifting 8t at 10m extension with 100 Outrigger extension in accordance with BS EN 13000

Yes No

EN 13000 compliant and CE marked with DIN ISO load charts Yes NoGross mass less than 30t Yes No25 to 35m Telescopic Boom Yes NoFront and rear Hydraulic Outriggers Yes NoAbility to travel carrying a load of 6t Yes NoFour wheel drive Yes NoFour wheel steer Yes No360 degree rotation slewing Yes NoDiesel powered engine Yes NoGraphic display with both internal and external audio-visual warning systems

Yes No

Control lever lockout Yes NoAcoustically treated cab with open skylight wiper and sunscreen Yes NoHeated cab Yes NoComfortable seat with armrest integrated controls Yes NoTowing points ndash Tenderer to specify quantity Yes NoNo Fly-jib requirement Yes NoAbility to service and or repair machine within 24 hours Yes NoMarine base paint able to handle corrosive environment of exposed Dockyard Colour to be discussed at time of order

Yes No

Optional RequirementsReversing Camera Yes NoSpare Wheel and Tyre Yes NoPad Rack and Pads Yes NoAnemometer Yes NoAir Conditioning Yes No

Specification ChecklistTenderers must complete the Specification Checklist with a YesNo response to the listed elementsabove

Maintenance Warranty Service Level Agreement (SLA)The NLB will require a reliable specialist support maintenance agreement Therefore details and pricing is requested for the following within your tender response

Minimum 12 month parts and labour warranty Options for either a 3 or 5 yearsrsquo service plan Ability to service andor repair machine within 24 hours

These SLArsquos must include a list of all estimated target fix times with the ability to service andor repair machine within 24 hours at the below address

Page 7 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

NLB Oban Depot Gallanach Road Oban PA34 4LS

Escalation procedures reporting mechanisms service reviews a list of appropriate contacts as a minimum Also a list of all support procedures including support staffing numbers and contact information must also be provided

Training Tenderers must provide full details of the appropriate training on the use and functionality for the proposed mobile crane that must be provided to NLB personnel (estimated 3 to 5 staff) It should be noted this is familiarisation only and that the relevant NLB staff already hold the required tickets for safe crane operation

Familiarisation Training courses are to be held at mutually agreed dates times Training to be held at either Oban base or at alternative premises as detailed by the successful contractor

Tenderers must provide full pricing for all aspects of training to be provided with quotes for both options in the Pricing Schedule at page 11

Trade-In (Optional)As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below

Page 8 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

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Part 1 Potential Supplier InformationPlease 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

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

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 2 Exclusion GroundsPlease 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

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issuing authority precise reference of the documents

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

Yes No

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

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

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which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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)

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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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 2: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Contents

Introduction 3

Background Information ndash NLB 4

Point of Contact 5

Submitting a Tender 6

Description of Goods and Related Services 7

Standard Selection Questionnaire 17

Grounds for Disqualification 37

Instructions to Tender 38

Declaration of Non-Collusion 41

Armed Forces Covenant 42

Form of Tender 43

Evaluation Matrix 45

Tender Label 58

Page 2 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Introduction

Following our OJEU Open Procedure contract notice you have requested our invitation to tender (ITT) documents Please ensure you understand all aspects of this ITT All information contained within this ITT will be used by the Northern Lighthouse Board (NLB) for the purposes of this project only

This tender is subject to the EU Procurement Directive 201524EU Open Procedure and our notice ndash 2018S 145-331369

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 Page 10

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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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 Organisationrsquos 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Point of Contact

All enquiries must be addressed to John Marr Procurement Officer as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Friday 17 August 2018

The closing date for receipt of tender is Monday 27 August 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

John Marr Procurement OfficerNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukTel 0131 473 3147

Completed Tenders should be forwarded using the label provided on Page 58

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 will be placed by our Reception Staff within a double locked tender box The Director of Business Services and Procurement 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 Procurement Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Procurement and Supply Chain Team 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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 on Page 58 you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref DOBACRAN1513 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 For tenders submitted by email hard copies should be submitted within 2 working days

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

Armed Forces CovenantThe Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made further information is provided on page 41

The Covenantrsquos 2 key principles are that

the armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial services

special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages tenderers and contractors to sign up to the commitments of the Covenant However participation in this process is not mandatory and non-participation will not be considered detrimental to a tendererrsquos participation in this tender process

Involvement or non-involvement with the Armed Forces Covenant will not form part of the evaluation process associated with this or any tender process conducted by Northern Lighthouse Board

Agreement Nature

The NLB standard terms and conditions for the Purchase of Goods and Related Services shall apply to any contract that may be arranged and will prevail over all others imposed or implied

Page 6 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Description of Goods and Related Services

It is the intention of the NLB to award this contract to a single Contractor and is seeking competitive pricing for the Purchase of a Mobile Crane to the below minimum specification Please note the Crane will be operating only within the Oban premises therefore no road tax is required

Mobile Crane - Specification Checklist

Specification Confirmation proposed Crane has this Function Capability

Capable of operating with Outriggers fully extended within a width of 62 metres

Yes No

Capable of lifting 8t at 10m extension with 100 Outrigger extension in accordance with BS EN 13000

Yes No

EN 13000 compliant and CE marked with DIN ISO load charts Yes NoGross mass less than 30t Yes No25 to 35m Telescopic Boom Yes NoFront and rear Hydraulic Outriggers Yes NoAbility to travel carrying a load of 6t Yes NoFour wheel drive Yes NoFour wheel steer Yes No360 degree rotation slewing Yes NoDiesel powered engine Yes NoGraphic display with both internal and external audio-visual warning systems

Yes No

Control lever lockout Yes NoAcoustically treated cab with open skylight wiper and sunscreen Yes NoHeated cab Yes NoComfortable seat with armrest integrated controls Yes NoTowing points ndash Tenderer to specify quantity Yes NoNo Fly-jib requirement Yes NoAbility to service and or repair machine within 24 hours Yes NoMarine base paint able to handle corrosive environment of exposed Dockyard Colour to be discussed at time of order

Yes No

Optional RequirementsReversing Camera Yes NoSpare Wheel and Tyre Yes NoPad Rack and Pads Yes NoAnemometer Yes NoAir Conditioning Yes No

Specification ChecklistTenderers must complete the Specification Checklist with a YesNo response to the listed elementsabove

Maintenance Warranty Service Level Agreement (SLA)The NLB will require a reliable specialist support maintenance agreement Therefore details and pricing is requested for the following within your tender response

Minimum 12 month parts and labour warranty Options for either a 3 or 5 yearsrsquo service plan Ability to service andor repair machine within 24 hours

These SLArsquos must include a list of all estimated target fix times with the ability to service andor repair machine within 24 hours at the below address

Page 7 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

NLB Oban Depot Gallanach Road Oban PA34 4LS

Escalation procedures reporting mechanisms service reviews a list of appropriate contacts as a minimum Also a list of all support procedures including support staffing numbers and contact information must also be provided

Training Tenderers must provide full details of the appropriate training on the use and functionality for the proposed mobile crane that must be provided to NLB personnel (estimated 3 to 5 staff) It should be noted this is familiarisation only and that the relevant NLB staff already hold the required tickets for safe crane operation

Familiarisation Training courses are to be held at mutually agreed dates times Training to be held at either Oban base or at alternative premises as detailed by the successful contractor

Tenderers must provide full pricing for all aspects of training to be provided with quotes for both options in the Pricing Schedule at page 11

Trade-In (Optional)As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below

Page 8 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

Page 19 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

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issuing authority precise reference of the documents

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

Yes No

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

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

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which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

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NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

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NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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NORTHERN LIGHTHOUSE BOARD

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

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)

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NORTHERN LIGHTHOUSE BOARD

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)

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NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

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NORTHERN LIGHTHOUSE BOARD

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

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NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 3: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Introduction

Following our OJEU Open Procedure contract notice you have requested our invitation to tender (ITT) documents Please ensure you understand all aspects of this ITT All information contained within this ITT will be used by the Northern Lighthouse Board (NLB) for the purposes of this project only

This tender is subject to the EU Procurement Directive 201524EU Open Procedure and our notice ndash 2018S 145-331369

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 Page 10

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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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 Organisationrsquos 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Point of Contact

All enquiries must be addressed to John Marr Procurement Officer as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Friday 17 August 2018

The closing date for receipt of tender is Monday 27 August 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

John Marr Procurement OfficerNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukTel 0131 473 3147

Completed Tenders should be forwarded using the label provided on Page 58

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 will be placed by our Reception Staff within a double locked tender box The Director of Business Services and Procurement 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 Procurement Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Procurement and Supply Chain Team 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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 on Page 58 you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref DOBACRAN1513 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 For tenders submitted by email hard copies should be submitted within 2 working days

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

Armed Forces CovenantThe Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made further information is provided on page 41

The Covenantrsquos 2 key principles are that

the armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial services

special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages tenderers and contractors to sign up to the commitments of the Covenant However participation in this process is not mandatory and non-participation will not be considered detrimental to a tendererrsquos participation in this tender process

Involvement or non-involvement with the Armed Forces Covenant will not form part of the evaluation process associated with this or any tender process conducted by Northern Lighthouse Board

Agreement Nature

The NLB standard terms and conditions for the Purchase of Goods and Related Services shall apply to any contract that may be arranged and will prevail over all others imposed or implied

Page 6 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Description of Goods and Related Services

It is the intention of the NLB to award this contract to a single Contractor and is seeking competitive pricing for the Purchase of a Mobile Crane to the below minimum specification Please note the Crane will be operating only within the Oban premises therefore no road tax is required

Mobile Crane - Specification Checklist

Specification Confirmation proposed Crane has this Function Capability

Capable of operating with Outriggers fully extended within a width of 62 metres

Yes No

Capable of lifting 8t at 10m extension with 100 Outrigger extension in accordance with BS EN 13000

Yes No

EN 13000 compliant and CE marked with DIN ISO load charts Yes NoGross mass less than 30t Yes No25 to 35m Telescopic Boom Yes NoFront and rear Hydraulic Outriggers Yes NoAbility to travel carrying a load of 6t Yes NoFour wheel drive Yes NoFour wheel steer Yes No360 degree rotation slewing Yes NoDiesel powered engine Yes NoGraphic display with both internal and external audio-visual warning systems

Yes No

Control lever lockout Yes NoAcoustically treated cab with open skylight wiper and sunscreen Yes NoHeated cab Yes NoComfortable seat with armrest integrated controls Yes NoTowing points ndash Tenderer to specify quantity Yes NoNo Fly-jib requirement Yes NoAbility to service and or repair machine within 24 hours Yes NoMarine base paint able to handle corrosive environment of exposed Dockyard Colour to be discussed at time of order

Yes No

Optional RequirementsReversing Camera Yes NoSpare Wheel and Tyre Yes NoPad Rack and Pads Yes NoAnemometer Yes NoAir Conditioning Yes No

Specification ChecklistTenderers must complete the Specification Checklist with a YesNo response to the listed elementsabove

Maintenance Warranty Service Level Agreement (SLA)The NLB will require a reliable specialist support maintenance agreement Therefore details and pricing is requested for the following within your tender response

Minimum 12 month parts and labour warranty Options for either a 3 or 5 yearsrsquo service plan Ability to service andor repair machine within 24 hours

These SLArsquos must include a list of all estimated target fix times with the ability to service andor repair machine within 24 hours at the below address

Page 7 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

NLB Oban Depot Gallanach Road Oban PA34 4LS

Escalation procedures reporting mechanisms service reviews a list of appropriate contacts as a minimum Also a list of all support procedures including support staffing numbers and contact information must also be provided

Training Tenderers must provide full details of the appropriate training on the use and functionality for the proposed mobile crane that must be provided to NLB personnel (estimated 3 to 5 staff) It should be noted this is familiarisation only and that the relevant NLB staff already hold the required tickets for safe crane operation

Familiarisation Training courses are to be held at mutually agreed dates times Training to be held at either Oban base or at alternative premises as detailed by the successful contractor

Tenderers must provide full pricing for all aspects of training to be provided with quotes for both options in the Pricing Schedule at page 11

Trade-In (Optional)As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below

Page 8 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

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NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

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supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

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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 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 tenderThe 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

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NORTHERN LIGHTHOUSE BOARD

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

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Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

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Part 1 Potential Supplier InformationPlease 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

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

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

4 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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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

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Part 2 Exclusion GroundsPlease 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

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

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NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

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NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 4: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

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 Organisationrsquos 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Point of Contact

All enquiries must be addressed to John Marr Procurement Officer as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Friday 17 August 2018

The closing date for receipt of tender is Monday 27 August 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

John Marr Procurement OfficerNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukTel 0131 473 3147

Completed Tenders should be forwarded using the label provided on Page 58

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 will be placed by our Reception Staff within a double locked tender box The Director of Business Services and Procurement 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 Procurement Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Procurement and Supply Chain Team 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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 on Page 58 you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref DOBACRAN1513 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 For tenders submitted by email hard copies should be submitted within 2 working days

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

Armed Forces CovenantThe Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made further information is provided on page 41

The Covenantrsquos 2 key principles are that

the armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial services

special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages tenderers and contractors to sign up to the commitments of the Covenant However participation in this process is not mandatory and non-participation will not be considered detrimental to a tendererrsquos participation in this tender process

Involvement or non-involvement with the Armed Forces Covenant will not form part of the evaluation process associated with this or any tender process conducted by Northern Lighthouse Board

Agreement Nature

The NLB standard terms and conditions for the Purchase of Goods and Related Services shall apply to any contract that may be arranged and will prevail over all others imposed or implied

Page 6 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Description of Goods and Related Services

It is the intention of the NLB to award this contract to a single Contractor and is seeking competitive pricing for the Purchase of a Mobile Crane to the below minimum specification Please note the Crane will be operating only within the Oban premises therefore no road tax is required

Mobile Crane - Specification Checklist

Specification Confirmation proposed Crane has this Function Capability

Capable of operating with Outriggers fully extended within a width of 62 metres

Yes No

Capable of lifting 8t at 10m extension with 100 Outrigger extension in accordance with BS EN 13000

Yes No

EN 13000 compliant and CE marked with DIN ISO load charts Yes NoGross mass less than 30t Yes No25 to 35m Telescopic Boom Yes NoFront and rear Hydraulic Outriggers Yes NoAbility to travel carrying a load of 6t Yes NoFour wheel drive Yes NoFour wheel steer Yes No360 degree rotation slewing Yes NoDiesel powered engine Yes NoGraphic display with both internal and external audio-visual warning systems

Yes No

Control lever lockout Yes NoAcoustically treated cab with open skylight wiper and sunscreen Yes NoHeated cab Yes NoComfortable seat with armrest integrated controls Yes NoTowing points ndash Tenderer to specify quantity Yes NoNo Fly-jib requirement Yes NoAbility to service and or repair machine within 24 hours Yes NoMarine base paint able to handle corrosive environment of exposed Dockyard Colour to be discussed at time of order

Yes No

Optional RequirementsReversing Camera Yes NoSpare Wheel and Tyre Yes NoPad Rack and Pads Yes NoAnemometer Yes NoAir Conditioning Yes No

Specification ChecklistTenderers must complete the Specification Checklist with a YesNo response to the listed elementsabove

Maintenance Warranty Service Level Agreement (SLA)The NLB will require a reliable specialist support maintenance agreement Therefore details and pricing is requested for the following within your tender response

Minimum 12 month parts and labour warranty Options for either a 3 or 5 yearsrsquo service plan Ability to service andor repair machine within 24 hours

These SLArsquos must include a list of all estimated target fix times with the ability to service andor repair machine within 24 hours at the below address

Page 7 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

NLB Oban Depot Gallanach Road Oban PA34 4LS

Escalation procedures reporting mechanisms service reviews a list of appropriate contacts as a minimum Also a list of all support procedures including support staffing numbers and contact information must also be provided

Training Tenderers must provide full details of the appropriate training on the use and functionality for the proposed mobile crane that must be provided to NLB personnel (estimated 3 to 5 staff) It should be noted this is familiarisation only and that the relevant NLB staff already hold the required tickets for safe crane operation

Familiarisation Training courses are to be held at mutually agreed dates times Training to be held at either Oban base or at alternative premises as detailed by the successful contractor

Tenderers must provide full pricing for all aspects of training to be provided with quotes for both options in the Pricing Schedule at page 11

Trade-In (Optional)As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below

Page 8 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

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Part 1 Potential Supplier InformationPlease 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

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

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 5: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Point of Contact

All enquiries must be addressed to John Marr Procurement Officer as the single point of contact for this exercise at the address shown below and must be submitted in writing or by email these shall all be recorded and email is preferable Tenderers should be aware that it will be the intention of NLB to circulate in writing to all interested parties all queries and enquiries received together with our response The source of the question will not be disclosed To ensure that all Tenderers have the same information we will respond to all queries and points of clarification raised by 1600 hours on Friday 17 August 2018

The closing date for receipt of tender is Monday 27 August 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

John Marr Procurement OfficerNorthern Lighthouse Board84 George StreetEdinburghEH2 3DA

Email ProcurementnlborgukTel 0131 473 3147

Completed Tenders should be forwarded using the label provided on Page 58

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 will be placed by our Reception Staff within a double locked tender box The Director of Business Services and Procurement 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 Procurement Manager (or their appointed representatives) and formally recorded each page is endorsed and checked for alterations etc Tenders are then given to the Procurement and Supply Chain Team 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 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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 on Page 58 you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref DOBACRAN1513 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 For tenders submitted by email hard copies should be submitted within 2 working days

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

Armed Forces CovenantThe Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made further information is provided on page 41

The Covenantrsquos 2 key principles are that

the armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial services

special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages tenderers and contractors to sign up to the commitments of the Covenant However participation in this process is not mandatory and non-participation will not be considered detrimental to a tendererrsquos participation in this tender process

Involvement or non-involvement with the Armed Forces Covenant will not form part of the evaluation process associated with this or any tender process conducted by Northern Lighthouse Board

Agreement Nature

The NLB standard terms and conditions for the Purchase of Goods and Related Services shall apply to any contract that may be arranged and will prevail over all others imposed or implied

Page 6 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Description of Goods and Related Services

It is the intention of the NLB to award this contract to a single Contractor and is seeking competitive pricing for the Purchase of a Mobile Crane to the below minimum specification Please note the Crane will be operating only within the Oban premises therefore no road tax is required

Mobile Crane - Specification Checklist

Specification Confirmation proposed Crane has this Function Capability

Capable of operating with Outriggers fully extended within a width of 62 metres

Yes No

Capable of lifting 8t at 10m extension with 100 Outrigger extension in accordance with BS EN 13000

Yes No

EN 13000 compliant and CE marked with DIN ISO load charts Yes NoGross mass less than 30t Yes No25 to 35m Telescopic Boom Yes NoFront and rear Hydraulic Outriggers Yes NoAbility to travel carrying a load of 6t Yes NoFour wheel drive Yes NoFour wheel steer Yes No360 degree rotation slewing Yes NoDiesel powered engine Yes NoGraphic display with both internal and external audio-visual warning systems

Yes No

Control lever lockout Yes NoAcoustically treated cab with open skylight wiper and sunscreen Yes NoHeated cab Yes NoComfortable seat with armrest integrated controls Yes NoTowing points ndash Tenderer to specify quantity Yes NoNo Fly-jib requirement Yes NoAbility to service and or repair machine within 24 hours Yes NoMarine base paint able to handle corrosive environment of exposed Dockyard Colour to be discussed at time of order

Yes No

Optional RequirementsReversing Camera Yes NoSpare Wheel and Tyre Yes NoPad Rack and Pads Yes NoAnemometer Yes NoAir Conditioning Yes No

Specification ChecklistTenderers must complete the Specification Checklist with a YesNo response to the listed elementsabove

Maintenance Warranty Service Level Agreement (SLA)The NLB will require a reliable specialist support maintenance agreement Therefore details and pricing is requested for the following within your tender response

Minimum 12 month parts and labour warranty Options for either a 3 or 5 yearsrsquo service plan Ability to service andor repair machine within 24 hours

These SLArsquos must include a list of all estimated target fix times with the ability to service andor repair machine within 24 hours at the below address

Page 7 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

NLB Oban Depot Gallanach Road Oban PA34 4LS

Escalation procedures reporting mechanisms service reviews a list of appropriate contacts as a minimum Also a list of all support procedures including support staffing numbers and contact information must also be provided

Training Tenderers must provide full details of the appropriate training on the use and functionality for the proposed mobile crane that must be provided to NLB personnel (estimated 3 to 5 staff) It should be noted this is familiarisation only and that the relevant NLB staff already hold the required tickets for safe crane operation

Familiarisation Training courses are to be held at mutually agreed dates times Training to be held at either Oban base or at alternative premises as detailed by the successful contractor

Tenderers must provide full pricing for all aspects of training to be provided with quotes for both options in the Pricing Schedule at page 11

Trade-In (Optional)As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below

Page 8 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

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NORTHERN LIGHTHOUSE BOARD

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 6: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

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 on Page 58 you can also email your Tender submission to Tendersnlborguk if you wish to ensure delivery before the deadline Please put ldquoTender Ref DOBACRAN1513 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 For tenders submitted by email hard copies should be submitted within 2 working days

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

Armed Forces CovenantThe Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made further information is provided on page 41

The Covenantrsquos 2 key principles are that

the armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial services

special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages tenderers and contractors to sign up to the commitments of the Covenant However participation in this process is not mandatory and non-participation will not be considered detrimental to a tendererrsquos participation in this tender process

Involvement or non-involvement with the Armed Forces Covenant will not form part of the evaluation process associated with this or any tender process conducted by Northern Lighthouse Board

Agreement Nature

The NLB standard terms and conditions for the Purchase of Goods and Related Services shall apply to any contract that may be arranged and will prevail over all others imposed or implied

Page 6 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Description of Goods and Related Services

It is the intention of the NLB to award this contract to a single Contractor and is seeking competitive pricing for the Purchase of a Mobile Crane to the below minimum specification Please note the Crane will be operating only within the Oban premises therefore no road tax is required

Mobile Crane - Specification Checklist

Specification Confirmation proposed Crane has this Function Capability

Capable of operating with Outriggers fully extended within a width of 62 metres

Yes No

Capable of lifting 8t at 10m extension with 100 Outrigger extension in accordance with BS EN 13000

Yes No

EN 13000 compliant and CE marked with DIN ISO load charts Yes NoGross mass less than 30t Yes No25 to 35m Telescopic Boom Yes NoFront and rear Hydraulic Outriggers Yes NoAbility to travel carrying a load of 6t Yes NoFour wheel drive Yes NoFour wheel steer Yes No360 degree rotation slewing Yes NoDiesel powered engine Yes NoGraphic display with both internal and external audio-visual warning systems

Yes No

Control lever lockout Yes NoAcoustically treated cab with open skylight wiper and sunscreen Yes NoHeated cab Yes NoComfortable seat with armrest integrated controls Yes NoTowing points ndash Tenderer to specify quantity Yes NoNo Fly-jib requirement Yes NoAbility to service and or repair machine within 24 hours Yes NoMarine base paint able to handle corrosive environment of exposed Dockyard Colour to be discussed at time of order

Yes No

Optional RequirementsReversing Camera Yes NoSpare Wheel and Tyre Yes NoPad Rack and Pads Yes NoAnemometer Yes NoAir Conditioning Yes No

Specification ChecklistTenderers must complete the Specification Checklist with a YesNo response to the listed elementsabove

Maintenance Warranty Service Level Agreement (SLA)The NLB will require a reliable specialist support maintenance agreement Therefore details and pricing is requested for the following within your tender response

Minimum 12 month parts and labour warranty Options for either a 3 or 5 yearsrsquo service plan Ability to service andor repair machine within 24 hours

These SLArsquos must include a list of all estimated target fix times with the ability to service andor repair machine within 24 hours at the below address

Page 7 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

NLB Oban Depot Gallanach Road Oban PA34 4LS

Escalation procedures reporting mechanisms service reviews a list of appropriate contacts as a minimum Also a list of all support procedures including support staffing numbers and contact information must also be provided

Training Tenderers must provide full details of the appropriate training on the use and functionality for the proposed mobile crane that must be provided to NLB personnel (estimated 3 to 5 staff) It should be noted this is familiarisation only and that the relevant NLB staff already hold the required tickets for safe crane operation

Familiarisation Training courses are to be held at mutually agreed dates times Training to be held at either Oban base or at alternative premises as detailed by the successful contractor

Tenderers must provide full pricing for all aspects of training to be provided with quotes for both options in the Pricing Schedule at page 11

Trade-In (Optional)As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below

Page 8 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

Page 19 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

4 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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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

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

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NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 7: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Description of Goods and Related Services

It is the intention of the NLB to award this contract to a single Contractor and is seeking competitive pricing for the Purchase of a Mobile Crane to the below minimum specification Please note the Crane will be operating only within the Oban premises therefore no road tax is required

Mobile Crane - Specification Checklist

Specification Confirmation proposed Crane has this Function Capability

Capable of operating with Outriggers fully extended within a width of 62 metres

Yes No

Capable of lifting 8t at 10m extension with 100 Outrigger extension in accordance with BS EN 13000

Yes No

EN 13000 compliant and CE marked with DIN ISO load charts Yes NoGross mass less than 30t Yes No25 to 35m Telescopic Boom Yes NoFront and rear Hydraulic Outriggers Yes NoAbility to travel carrying a load of 6t Yes NoFour wheel drive Yes NoFour wheel steer Yes No360 degree rotation slewing Yes NoDiesel powered engine Yes NoGraphic display with both internal and external audio-visual warning systems

Yes No

Control lever lockout Yes NoAcoustically treated cab with open skylight wiper and sunscreen Yes NoHeated cab Yes NoComfortable seat with armrest integrated controls Yes NoTowing points ndash Tenderer to specify quantity Yes NoNo Fly-jib requirement Yes NoAbility to service and or repair machine within 24 hours Yes NoMarine base paint able to handle corrosive environment of exposed Dockyard Colour to be discussed at time of order

Yes No

Optional RequirementsReversing Camera Yes NoSpare Wheel and Tyre Yes NoPad Rack and Pads Yes NoAnemometer Yes NoAir Conditioning Yes No

Specification ChecklistTenderers must complete the Specification Checklist with a YesNo response to the listed elementsabove

Maintenance Warranty Service Level Agreement (SLA)The NLB will require a reliable specialist support maintenance agreement Therefore details and pricing is requested for the following within your tender response

Minimum 12 month parts and labour warranty Options for either a 3 or 5 yearsrsquo service plan Ability to service andor repair machine within 24 hours

These SLArsquos must include a list of all estimated target fix times with the ability to service andor repair machine within 24 hours at the below address

Page 7 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

NLB Oban Depot Gallanach Road Oban PA34 4LS

Escalation procedures reporting mechanisms service reviews a list of appropriate contacts as a minimum Also a list of all support procedures including support staffing numbers and contact information must also be provided

Training Tenderers must provide full details of the appropriate training on the use and functionality for the proposed mobile crane that must be provided to NLB personnel (estimated 3 to 5 staff) It should be noted this is familiarisation only and that the relevant NLB staff already hold the required tickets for safe crane operation

Familiarisation Training courses are to be held at mutually agreed dates times Training to be held at either Oban base or at alternative premises as detailed by the successful contractor

Tenderers must provide full pricing for all aspects of training to be provided with quotes for both options in the Pricing Schedule at page 11

Trade-In (Optional)As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below

Page 8 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

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NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 1 Potential Supplier InformationPlease 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

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

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

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NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 8: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

NLB Oban Depot Gallanach Road Oban PA34 4LS

Escalation procedures reporting mechanisms service reviews a list of appropriate contacts as a minimum Also a list of all support procedures including support staffing numbers and contact information must also be provided

Training Tenderers must provide full details of the appropriate training on the use and functionality for the proposed mobile crane that must be provided to NLB personnel (estimated 3 to 5 staff) It should be noted this is familiarisation only and that the relevant NLB staff already hold the required tickets for safe crane operation

Familiarisation Training courses are to be held at mutually agreed dates times Training to be held at either Oban base or at alternative premises as detailed by the successful contractor

Tenderers must provide full pricing for all aspects of training to be provided with quotes for both options in the Pricing Schedule at page 11

Trade-In (Optional)As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below

Page 8 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

Page 19 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 9: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Site VisitTenderers will be able to view existing crane and the layout of the Oban site for the proposed crane prior to submitting a tender Please forward a request for a viewing date to John Marr at the contact details provided on page 5

Delivery TimescalesTenderers must submit a delivery schedule at tender stage that confirms delivery of the new mobile crane and the uplift of NLBrsquos existing mobile crane prior to 31 March 2019

Page 9 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

Page 19 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

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NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

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NORTHERN LIGHTHOUSE BOARD

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

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 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

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NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 10: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Product SpecificationsThroughout our specification 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 NLBrsquos 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

NLB Visit to Tenderers PremisesOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of crane offered to ensure fit for purpose prior to completion of the evaluation processThis can either be in attendance at your premises your suppliers premises or a possible customers location

Alternative Pricing OptionsTenderers may submit alternative pricing options with their tender submission please ensure that any alternative pricing structures are understandable are Delivered Duty Paid (DDP - Incotermsreg) are in poundGBP and exclude VATFull details of all costs associated with Customs must be detailed if applicable

Termination of ContractFailure 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

Page 10 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

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

4 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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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

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Part 2 Exclusion GroundsPlease 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

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

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which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

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Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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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

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)

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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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

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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

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

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NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 11: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Pricing Schedule

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission Please provide a full specification within your tender return

Description Price each pound

Excluding VAT

Comments

1 x Mobile Crane as per specification detailed on page 7

Trade-in Value of Existing Grove RT530E Mobile Crane as detailed on pages 8 amp 9

Maintenance Cost - 3 Years as detailed on page 7

Maintenance Cost - 5 Years as detailed on page 7

Training as detailed on page 8Option 1 ndash Training conducted at ObanOption 2 ndash Training conducted at alternative premises

Delivery Costs including Customs Duty if applicable

Meets Delivery timescales as detailed on page 9

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Name(in Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

PositionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipFor and on Behalf of (In Block Capitals)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Page 11 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

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NORTHERN LIGHTHOUSE BOARD

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

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Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 1 Potential Supplier InformationPlease 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

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

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 2 Exclusion GroundsPlease 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

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 12: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

Stage 1 ndash Financial aspects and all tender documents returned (45)Criteria WeightingPurchase Cost including Delivery and any associated Custom Duty 25TradendashIn Price 10Maintenance Costs 5Training Costs (Options 1 amp 2) 5Financial Standing (For successful bidder only) Yes NoAcceptance of NLB`s Terms and Conditions of Contract Yes NoAll tender documents completed and returned Yes No

Site Visit (Yes No)Tenderers are advised to attend a site visit as part of the Crane trade-in Yes No

Capability amp Project Information (55)Criteria WeightingCompliance with NLB Specification including additional options product guide data specification sheets 35

Details of Maintenance Warranty amp Service Level Agreement 5Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

5

Provide details of Training Requirements and Methods 5Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years for spares

5

Completion of Specification Checklist Yes NoCrane must be capable to support man basket operations Yes NoInformation on Oils Yes NoInformation provided in the Standard Selection Questionnaire Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Yes No

TimetableSet 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

OJEU Advert published 27 July 2018 Tender return deadline 27 August 201810 working day standstill period (known as the Alcatel judgement) with issue of letter of intent (approximate date)

7 September 2018

Tender Award September 2018Delivery to Oban Depot Prior to 31 March 2019

Contract PricingThis 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

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

Transportation of Contractors Equipment etc

Page 12 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

Page 13 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

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NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

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NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

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Part 1 Potential Supplier InformationPlease 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

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

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

4 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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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 2 Exclusion GroundsPlease 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

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NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 13: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

All goods materials or equipment belonging to the contractor are carried on NLB vessels entirely at the Contractorrsquos own risk and NLB shall have no liability for such itemsSub-ContractorsPrincipal Contractors 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

DeliveryDelivery to NLB Oban Gallanach Road Oban PA34 4LS to the Point of Contact Ewen Mackerchar (Marine Operations Manager)

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

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

Variations to the ContractThe 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

PPE Equipment The successful contractor will be responsible for providing their own staff with the appropriate Personnel Protective Equipment whilst on any NLB site

Timber Timber Products or Working with TimberAll timber to be provided as part of this contract must come from a sustainable and legally produced source Tenderers must demonstrate that they have suitable verification for the timber purchased within their tender submission and a copy of the documentation confirming this must be provided

Use of Oils on NLB SitesTenderers 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

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

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 supplier premises etc may take place as part of the evaluation exercise Any evaluation equipment

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NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

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NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

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NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 1 Potential Supplier InformationPlease 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

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

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NORTHERN LIGHTHOUSE BOARD

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

4 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

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 14: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

supplied will be without cost or liability to NLB All evaluation equipment will be returned within 28 days from receipt

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

Standard Office HoursOur headquarters standard hours are 845am to 500pm Monday to Friday excluding Public Holidays and we also operate a flexible working hours system

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 CorruptionNLB 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

Fair and Open ProcurementNLB 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 Colin Brolly Commercial Manager NLB 84 George Street Edinburgh EH2 3DA

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

Page 14 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

Page 19 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 15: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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 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 tenderThe 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

Page 15 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

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Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 1 Potential Supplier InformationPlease 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

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

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 16: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

Page 16 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

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Part 2 Exclusion GroundsPlease 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

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issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

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which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

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Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

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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

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

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NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 17: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Standard Selection QuestionnairePotential 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

1 For the list of exclusion please see httpswwwgovukgovernmentuploadssystemuploadsattachment_datafile551130List_of_Mandatory_and_Discretionary_Exclusionspdf

Page 17 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

Page 19 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

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Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

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which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

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Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

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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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

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65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

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NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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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

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)

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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)

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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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

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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

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 Tender

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NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

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NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

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NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

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NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 18: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Notes for completion1 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

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

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

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

The authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact other than to the Cabinet Office 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

2 See PCR 2015 regulations 71 (8)-(9)Page 18 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

Page 19 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 19: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Part 1 Potential Supplier InformationPlease 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

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

Page 19 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

4 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 20 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 20: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

4 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

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

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NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

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10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

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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

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 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

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ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 21: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Section 1 Question number

QuestionBidding Model

Response

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 addressTrading status

Company registration numberHead Office DUNS number(if applicable)Registered VAT numberType of organisationSME (YesNo)

The role each sub-contractor will take in providing the works and or supplies eg key deliverablesThe approximate

Page 21 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 22: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

of contractual obligations assigned to each sub-contractor

Contact details and declarationI 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

Page 22 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

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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

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 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

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ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 23: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Part 2 Exclusion GroundsPlease 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

Page 23 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 24: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

issuing authority precise reference of the documents

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

Yes No

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

Page 24 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 25: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Section 3 QuestionGrounds for Discretionary Exclusion

Response

31 Regulation 57 (8)The detailed grounds for discretionary exclusion of an organisation are set out on pages 31-33 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

Yes No If yes please provide details at

Page 25 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

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NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

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NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 26: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

which led to early termination of that prior contract damages or other comparable sanctions

32

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

misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria

Yes No 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) - (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)

Page 26 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 27: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Part 3 Selection Questions

Section 4 Economic and Financial StandingQuestion Response

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 owners andor the bank charity accruals accounts or an alternative means of demonstrating financial status)

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

Page 27 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 28: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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 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 organisation

E-mail addressDescription of contract

Contract start dateContract completion datedEstimated contract value

Page 28 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

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ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

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

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

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

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

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

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

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

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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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

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

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

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

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 29: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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)

63 Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect Crane on offer to review fit for purpose

64 Tenderers to provide details of Maintenance Warranty amp Service Level Agreement

Page 29 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

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

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

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

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Child labour and other forms of trafficking human beings

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

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

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

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

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

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

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

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

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

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

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

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NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

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

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 30: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

65 Tenderers to provide a detailed statement covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

66 Tenderers to provide details of the appropriate familiarisation training to NLB personnel on the use and functionality for the proposed Mobile Crane

67 Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next 10 years

68 Tenderers to provide details of how long the proposed Crane has been in production

Page 30 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 31: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

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

82 Steel6 ndash (please refer to supplier selection guidance)

a Please describe the supply chain management systems policies standards and procedures you currently have in place to ensure robust supply chain management

b Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel

c Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years applicable to the country in which you operate on comparable projects for both

(i) Your company

6 Procurement Policy Note 1615ndash Procuring steel in major projectsPage 31 of 59

Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 32: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

(ii) All your supply chain members involved in the production or supply of steel

83 Suppliersrsquo Past Performance7 - (please refer to supplier selection guidance - this question should only be included by central government contracting authorities)

a Can you supply a list of your relevant principal contracts for goods andor services provided in the last three years

Yes No

b On request can you provide a certificate from those customers on the list

Yes No

c If you cannot obtain a certificate from a customer can you explain the reasons why

Yes No

d If the certificate states that goods andor services supplied were not satisfactory are you able to supply information which shows why this will not recur in this contract if you are awarded it

Yes No

e Can you supply the information in questions a to d above for any sub-contractors [or consortium members] who you are relying upon to perform this contract

Yes No

Mandatory Exclusion GroundsPublic Contract Regulations 2015 R57(1) (2) and (3)

Public Contract Directives 201424EU Article 57(1)

7 Procurement Policy Note 0415 Taking Account of Suppliersrsquo Past Performance

Page 32 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

Page 33 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti 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

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)

Page 34 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 33: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Participation in a criminal organisation

Participation offence as defined by section 45 of the Serious Crime Act 2015

Conspiracy within the meaning of

section 1 or 1A of the Criminal Law Act 1977 or

article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983

where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 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 financing

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NORTHERN LIGHTHOUSE BOARD

Money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 34: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002

An offence in connection with the proceeds of criminal conduct within the meaning of section 93A 93B or 93C of the Criminal Justice Act 1988 or article 45 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996

Child labour and other forms of trafficking human beings

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004

An offence under section 59A of the Sexual Offences Act 2003

An offence under section 71 of the Coroners and Justice Act 2009

An offence in connection with the proceeds of drug trafficking within the meaning of section 49 50 or 51 of the Drug Trafficking Act 1994

An offence under section 2 or section 4 of the Modern Slavery Act 2015

Non-payment of tax and social security contributions Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision

Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of

HMRC successfully challenging the potential supplier under the General Anti 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

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)

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NORTHERN LIGHTHOUSE BOARD

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

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)

Page 35 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 35: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

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)

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NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 36: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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)

Page 36 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 37: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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 Undeclared collusion 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 Anti-competitive practice Discrimination ndash breaches of legislation or NLB policy Mandatory and discretionary grounds

INSTRUCTIONS TO TENDERERS

Page 37 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 38: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

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

Page 38 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 39: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

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 Tender

Page 39 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 40: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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 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 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

Page 40 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 41: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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 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 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

Organisationrsquos name

Page 41 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 42: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Signed

Position

DateArmed Forces Covenant

1 The Armed Forces Covenant is a public sector pledge from Government businesses charities and organisations to demonstrate their support for the armed forces community The Covenant was brought in under the Armed Forces Act 2011 to recognise that the whole nation has a moral obligation to redress the disadvantages the armed forces community face in comparison to other citizens and recognise sacrifices made

2 The Covenantrsquos 2 principles are thatbull The armed forces community should not face disadvantages when compared to other citizens in the provision of public and commercial servicesbull Special consideration is appropriate in some cases especially for those who have given most such as the injured and the bereaved

Northern Lighthouse Board encourages all Tenderers and their suppliers to sign the Corporate Covenant declaring their support for the Armed Forces community by displaying the values and behaviours set out therein

3 Guidance on the various ways you can demonstrate your support through the Corporate Covenant is at httpswwwgovukgovernmentpoliciesarmed-forces-covenant

4 If you wish to register your support you can provide a point of contact for your company on this issue to the Armed Forces Covenant Team at the address below so that the MOD can alert you to any events or initiatives in which you may wish to participate The Covenant Team can also provide any information you require in addition to that included on the websiteEmail address covenant-mailboxmoduk

Address Armed Forces Covenant TeamZone D 6th Floor Ministry of DefenceMain Building Whitehall London SW1A 2HB

5 Paragraphs 1 ndash 4 above are not a condition of working with the Northern Lighthouse Board now or in the future nor will this issue form any part of the tender evaluation contract award procedure or any resulting contract However Northern Lighthouse Board very much hopes you will want to provide your support

Page 42 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 43: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule

Total Contract Price pound (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 Description of Goods and Related Services Pricing Schedule Evaluation Criteria 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 document

6 The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 120 calendar days from the deadline

7 I understand that any goods materials or equipment belonging to the company are carried on any NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items

8 I will not hasten progress of this tender and will await contact from NLB as to progress

9 I have provided all the information required and our tender submission is complete and accurate

10 I understand the tender evaluation exercise may require participation site visits or other actions deemed necessary by NLB and I am happy to participate

Page 43 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

Page 48 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 44: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

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

Page 44 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 45: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

Evaluation MatrixStage 1

Criteria for EvaluationRelevant

ITT Sections

Weight Score(1-10)

Weighted Score Comments

Financial 45Purchase 1 x Mobile Crane Page 11 25

Tradendashin Price Page 11 10

Maintenance Costs Page 11 5

Training Costs Page 11 5

Financial Standing (For successful bidder only) Page 27 Yes No

Acceptance of NLB`s Terms and Conditions of Contract Page 43 Yes No

All tender documents completed and returned Page 44 Yes No

Site Visit Yes No Yes NoTenderers are advised to attend a site visit as part of the Crane trade-in

Page 9 Yes No Yes No

Criteria for EvaluationRelevant

ITT Sections

Weight Score (1-10)

Weighted Score

Comments

Capability amp Project Information 55Compliance with NLB Specification including additional options product guide data specification sheets and site visit to inspect crane on offer to review fit for purpose

63 Page 29 35

Details of Maintenance Warranty amp Service Level Agreement

64Page 29 5

Provide details covering Delivery of the proposed new Mobile Crane prior to 31 March 2019 and Trade-In details covering the uplift and removal of NLB existing Mobile Crane

65Page 30 5

Provide details of familiarisation Training Requirements and methods

66Page 30 5

Tenderers to provide details of how long manufacturers will support proposed model of Crane including relevant obsolescence over the next

67Page 30

5

Page 45 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

Page 47 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 46: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

10 yearsCompletion of Specification Checklist Page 7 Yes No

Crane must be capable to support man basket operations

Page 12 Yes No

Information on Oils Page 13 Yes No

Information provided in the standard selection questionnaire

Pages 17 - 32 Yes No

Stage 2 ndash NLB Staff to view model of Crane offered if requiredOn completion of received tenders contractors fully meeting the specification may be required to allow NLB to view the model of Crane offered to ensure fit for purpose prior to completion of evaluation process

Page 10 Yes No

Page 46 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

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 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

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NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 47: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

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 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

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NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

Page 49 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 48: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE ldquoAUTHORITYrdquo 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

1 CONDITIONS

In these conditions

ldquoConditionsrdquo 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

ldquoContractrdquo means the contract between the Purchaser and Supplier consisting of any Purchase Order the Mandatory OGC Model Agreement Clauses the Supplierrsquos 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

ldquoGoodsrdquo mean any such goods as are to be supplied to the Purchaser by the Supplier (or by any of the Supplierrsquos sub contractors) pursuant to or in connection with this Contract

ldquoPremisesrdquo 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

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

rdquoServicesrdquo 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

ldquoSupplierrdquo means the person firm or company to whom the Contract is issued2 THE GOODS AND SERVICES21 The 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

22 The 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

23 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

24 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

25 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

3 THE PRICE

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NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 49: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

31 The 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

32 Unless 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

32 Value Added Tax where applicable shall be shown separately on all invoices as a strictly net extra charge

4 CHANGE TO CONTRACT REQUIREMENTS41 The Purchaser may order any variation to any quantity or specification of Goods or 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 Goods or Services and changes in quality form character kind timing method or sequence of the delivery of Goods or provision of Services

42 Save as otherwise provided herein no variation of the specification of Goods or 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 change in quality of specifications of Goods or variations of the Services made in accordance with Conditions 41 and 42 has affected or may affect the costs incurred by the Supplier delivering the Goods or 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 Goods or Services) 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 purpose

53 Unless otherwise specified the Supplier shall provide all plant tools material labour haulage and any other things necessary to complete the Contract

6 SUPPLIERrsquoS STATUSIn carrying out any Services associated with the Contract the Supplier shall be acting as principal and not as the agent of the Purchaser Accordingly

61 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

62 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

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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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

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93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

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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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 50: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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 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 security pass issued to the person removed is surrendered The giving of such notice by the Purchaser to the Supplier as aforesaid shall not entitle the Supplier to delay suspend terminate or withhold the performance of any of its obligations in terms of the Contract and the Supplier shall remain bound to timeously implement its obligations in full whether or not it complies with the terms of the said notice or otherwise

72 If and when instructed by the Purchaser the Supplier shall give to the Purchaser a list of the 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 DELIVERY81 The Supplier shall make no delivery of materials plant or other things nor commence any work on the Premises without obtaining the Purchaserrsquos prior consent The Supplier shall make delivery at a time agreed between the Supplier and Purchaser

82 The Goods and Services shall be delivered to 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 delivery of the Goods or performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions suits claims demands losses charges costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation of the Goods or 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

84 The time of delivery or performance shall be of the essence and failure to deliver or perform 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 Goods or Services andor to cancel all or part of the Contract therefor in either case without prejudice to its other rights and remedies

85 The Supplier shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them

9 ACCESS91 The Supplier shall make no delivery of materials plant or other things nor commence any work or Services on the Premises without obtaining the Purchaserrsquos prior consent

92 Where any access to the Premises is necessary in connection with delivery or installation of the Goods or performance of the Services the Supplier and its 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

Page 50 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

Page 51 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

Page 52 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 51: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

93 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to deliver the Goods or 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

94 The Purchaser shall have the power at any time during the progress of the Services to order in writing

941 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous noxious or not in accordance with the Contract

942 the substitution of proper and suitable materials

943 the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefor of any work which in respect of material or workmanship is not in the opinion of the Purchaser in accordance with the Contract

The Supplier shall comply forthwith with the terms of any such order

95 On completion of delivery of the Goods or the Services the Supplier shall remove its plant equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Goods or Services and leave the Premises in a neat and tidy condition

10 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 Condition 194 Waste of such materials arising from bad workmanship or negligence of the Supplier or any of his 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

11 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

12 PROPERTY AND RISKProperty and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) pass to the Purchaser at the time of delivery

13 DAMAGE IN TRANSITOn dispatch of any consignment of the Goods the Supplier shall send to the Purchaser at the address for delivery of the goods an advice note specifying the means of transport the place and date of dispatch the date and time of delivery and the number of packages a description of the Goods and their weight and volume The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that

131 in the case of damage to such Goods in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Goods have been damaged

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132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

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NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

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NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
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NORTHERN LIGHTHOUSE BOARD

132 in the case of non-delivery the Purchaser shall (provided the Purchaser has been advised of the dispatch and date of delivery of the Goods) within 10 days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered

14 INSPECTION REJECTION AND GUARANTEE 141 The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests of the Goods it may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at its premises No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser or any rights or remedies in respect of the Goods

142 The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements specified in the Contract Such notice shall be given within a reasonable time after delivery to the Purchaser of Goods concerned If the Purchaser shall reject any of the Goods pursuant to this Condition the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1421 to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1422 to obtain a refund of the full purchase price from the Supplier in respect of the goods concerned

143 The guarantee period applicable to the Goods shall be 12 months from the putting into service or 18 months from the date of delivery of the Goods whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier) If the Purchaser shall within such guarantee period or within 30 days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Purchaser shall be entitled (at no cost to the Purchaser and without prejudice to its other rights and remedies) either

1431to have the Goods concerned as quickly as possible either repaired by the Supplier or (as the Purchaser shall elect) replaced by the Supplier with Goods which comply in all respects with the requirements specified herein or

1432 to obtain a refund of the full purchase price from the Supplier in respect of the Goods concerned

144 Any Goods rejected or returned by the Purchaser as described in Conditions 142 or 143 shall be returned to the Supplier at the Supplierrsquos risk and expense

15 LABELLING AND PACKAGING151 The Goods shall be packed and marked in a proper manner and in accordance with the Purchaserrsquos instructions and any statutory requirements and any requirements of the carriers In particular the Goods shall be marked with the number of the Purchase Order (if any) and the net gross and tare weights the name of the contents shall be clearly marked on each container and all containers of hazardous goods (and all documents relating thereto) shall bear prominent and adequate warnings The Supplier shall indemnify the Purchaser against all 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 breach of this Condition

152 All packaging materials will be considered non-returnable and will be destroyed unless the Supplierrsquos advice note states that such materials will be charged for unless returned The Purchaser accepts no liability in respect of the non-arrival at the Suppliers Premises of empty packages returned by the Purchaser unless the Supplier shall within ten days of receiving notice from the Purchaser that the packages have been dispatched notify the Purchaser of such non-arrival

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NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

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NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

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NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 53: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

153 The Supplier represents and warrants that the maximum use has been made of recycled materials in the manufacture of crates pallets boxes cartons cushioning and other forms of packing where these fulfil other packaging specifications

16 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 his representatives such access to those records as may be required by the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract

17 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer or give or agree to give to any employee or representative of the Purchaser 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 the 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 or any such Contract The attention of the Supplier 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 as amended

18 PATENTS INFORMATION AND COPYRIGHT181 It shall be a condition of the Contract except to the extent that the Goods or Services incorporate designs furnished by the Purchaser that nothing done by the Supplier in the provision of the Goods or 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

182 All rights (including ownership and copyright) in any reports documents specifications instructions plans drawings patents models or designs whether in writing or on magnetic or other media

1821 furnished to or made available to the Supplier by the Purchaser shall remain vested in the Purchaser

1822 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 222) the Supplier shall not and shall procure that his employees servants agents and sub-contractors 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 or the Contract in any advertisement without the Purchaserrsquos prior written consent

183 The provisions of this Condition 18 shall apply during the continuance of the Contract and after its termination howsoever arising

184 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

Page 53 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 54: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

should write to the Data Protection Officer Northern Lighthouse Board 84 George Street Edinburgh EH2 3DA

19 HEALTH amp SAFETY AND ENVIRONMENT191 The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that all necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed and constructed so as to be safe and without risk to the health or safety of persons using the same and that it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the goods will be safe and without risk to health

192 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 Instrument Orders or Regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007) UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 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

193 Without prejudice to the generality of Condition 191 hereof 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 Conditions 191 or 192 hereof

194 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 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 INDEMNITY AND INSURANCE201 Without prejudice to any rights or remedies of the Purchaser (including the Purchaserrsquos rights and remedies under Condition 14 hereof) 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 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 defect in the Goods or Services or the negligent wilful or wrongful act or omission of the Supplier

202 The Supplier shall have in force and shall require any sub-contractor to have in force with a reputable insurance company at all times whilst engaged in the delivery of the Goods or the supply of the Services

2021 employerrsquos liability insurance in accordance with any legal requirements for the time being in force and

2022 public liability insurance for such sums and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of no less than pound5 million for any one incident and unlimited in total unless otherwise agreed by the Purchaser in writing

Page 54 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 55: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

203 The policy or policies of insurance referred to in Condition 202 shall be shown to the Purchaser whenever it requests together with satisfactory evidence of payment of premiums

21 DISCRIMINATION211 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 and any statutory modifications 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

212 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 spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents

22 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION221 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989

222 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

223 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)

224 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

225 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

226 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

Page 55 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 56: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

227 The Purchaser may seek and obtain references about the Supplier from banks existing or past clients or other referees proposed by the Supplier

228 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)

229 The provisions of this Condition 22 shall apply during the continuance of the Contract and after its termination howsoever arising

23 TERMINATION231 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events

2311 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 arrangement with or for the benefit of creditors or if an administrator or trustee is appointed to manage his affairs or

2312 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 Conditions 2311 or 2313 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

2313 where the Supplier is a company if the company passes a resolution for winding-up of 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 or

2314 the Supplier ceases or threatens to cease to supply the Goods or provide the Services or

2315 the Supplier makes default in or commits any breach of its obligations to the Purchaser hereunder or

2316 the Purchaser reasonably apprehends that any of the events contained in this Condition 23 is about to occur in relation to the Contract and notifies the Supplier accordingly

232 On the occurrence of any of the events described in Condition 231 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 or do so or where the Supplier is an individual if 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 Thereupon without prejudice to any other of its rights the Purchaser may itself complete the Services or have them completed by a third party using for that purpose (making a fair and proper allowance therefore 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 Services have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from any amount due to the

Page 56 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 57: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

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

233 In addition to its rights of termination under Condition 232 the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 daysrsquo notice to that effect

234 Termination under Condition 232 or 233 shall not prejudice or affect any right of action or remedy which shall have accrued to shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 18 and 22

24 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

25 ASSIGNATION AND SUB- CONTRACTING251 The Supplier shall not without the written consent of the Purchaser assign the benefit or burden of the Contract or any part thereof

252 No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract

26 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 telex telemessage facsimile transmissions or other means of telecommunications 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

27 ARBITRATION271 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

272 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

28 HEADINGS amp MISCELLANEOUS281 The headings to these Conditions shall not affect their interpretation

282 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

283 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

284 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

29 TUPE

Page 57 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 58: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

NORTHERN LIGHTHOUSE BOARD

With 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

30 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

Version 91 April 2012

Page 58 of 59Issue No 1Revision No 1 Classification Official Active Date 25 July 2018

SUPPLEMENTARY NOTICE

PROMPT PAYMENTThe Northern Lighthouse Board is committed to making payment promptly in line with the British Standard BS 7890 Any comments on our performance in this area should be directed to Finance Manager NLB 84 George Street Edinburgh EH2 3DA

This notice does not form part of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)
Page 59: nlb.g2b.infonlb.g2b.info/docs/Tender_Document_-_Oban_Crane.docx  · Web viewThe Contractor shall not sub-contract or transfer, assign, charge, or otherwise dispose of the Contract

Page 59 of 59

Tender No DOBACRAN1513

To arrive no later than 1200 hours

On Monday 27 August 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

  • SUPPLEMENTARY NOTICE
  • PROMPT PAYMENT
  • TENDER
    • As part of this tendering exercise Tenderers are requested to provide a Trade-in cost for the Existing Grove RT530E (2006 with 1400 operational hours) should be considered for Trade-In towards the new unit The Trade-in value must be shown separately in the pricing schedule on page 11 The Crane is in operationally good condition and has been serviced yearly with full routine maintenance and service history present Light surface corrosion can be seen on exposed bodywork Recent photos of existing Grove RT530E below
    • Organisationrsquos name
    • 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 Goods and Related Services specified at the prices quoted by me in the Pricing Schedule
      • Stage 2 ndash NLB Staff to view model of Crane offered if required
      • CONDITIONS OF CONTRACT FOR THE PURCHASE OF GOODS (and any related Services)