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Taunton and Somerset NHS Foundation TrustMusgrove Park Hospital, Procurement Department

TauntonSomersetTA1 5DA

3 June 2010

[To]

Dear Sir

Invitation to offer for the Supply of Waste Management Services to NHS Trusts and Healthcare Organisations within Somerset

Tender Reference: TS/LOC/0220

Period of contract shall be 3 (three) years(with an option to extend for a further 2 (two) x 12 (twelve) month periods

Offerors are invited, subject to the terms of this letter and also to the Terms of Offer (Document No 2), for the supply, in accordance with the NHS Terms and Conditions of Contract (Document No 3) and Supplementary Conditions of Contract (Document No 4), of the services detailed in the Specification (Document No 5).

Taunton & Somerset NHS Foundation Trust, as Lead Trust, (hereinafter referred to as the Authority) acting on behalf of: - Taunton & Somerset NHS Foundation Trust- Yeovil District Hospital NHS Foundation Trust- Somerset Partnership NHS Foundation Trust- Somerset Primary Care Trust

(hereinafter referred to as The Trusts)

The Authority does not bind itself to accept the lowest or any Offer and reserves the right to accept an Offer either in whole or in part, each item being for this purpose treated as offered separately. The Authority reserves the right to award contracts and framework agreements for the supply of the services described above and arising out of this procurement process to more than one supplier, in some cases by awarding lots if indicated in the OJEU notice and this tender documentation.

Offers must be written in English, where applicable in ink, not amended in any way, and must be submitted in a plain sealed envelope which does not identify the name of the company, bearing the address label enclosed herewith, to arrive at that address no later than 12:00 noon on Wednesday 14 July 2010. Quantity 2 (two) copies must be provided in a priced format, and 3 (three) copies must be provided in an un-priced format. The status of the documents shall be clearly marked on their covers and on all electronic media provided. In addition one priced and one un-priced copy shall be provided electronically (for example, but

Waste Management tender June 2010 1

not limited to, CD, USB memory stick – virus tested) in Microsoft Word or PDF formats preferably the latest versions (if unable to provide in this format please contact the undersigned). All offers shall be submitted in secure binders with no loose literature. Catalogues, if requested, shall be submitted on CD ROM where possible. Under no circumstances must a response be sent by email unless explicitly instructed to do so as this shall result in your offered response being disqualified.

Tenders shall become the property of Taunton and Somerset NHS Foundation Trust upon receipt by the Trust.

This Invitation comprises the following documents:

Document No 1 This covering letterDocument No 2 Terms of OfferDocument No 3 NHS Terms and Conditions of ContractDocument No 4 Supplementary Conditions of ContractDocument No 5A SpecificationDocument No 5B Responses to Specification Document No 5C Weighting and Evaluation CriteriaDocument No 6 Offer ScheduleDocument No 7 Form of OfferDocument No 8 Deed of Guarantee (for completion by successful Tenderer)Document No 9 NHS Confidentiality Agreement (for completion by successful

Tenderer)Document No 10 Acknowledgement of Receipt of TenderReturn Label

We must draw your attention to the enclosed Terms of Offer (Document 2) where all the requirements for completing and submitting an offer can be found. Failure to comply with these instructions may result in your offer being rejected.

The Offeror is advised to read all documentation very carefully to ensure they are familiar with the nature and extent of the obligations to be accepted by them if their Offer is successful as these shall be enforced in full by the Trust.

Please note that the responsibility for ensuring the safe receipt of your offer lies with the Offeror and the Trust shall not accept any responsibility or liability for or arising from late or non-receipt of offers. Proof of posting shall not be accepted as proof of delivery.

Should any documents be missing please contact the undersigned immediately. Electronic copies of this document are available on request. Where electronic copies are supplied the original hard copy is deemed to be the master copy as the Trust is unable to guarantee electronic copies have not been corrupted.

Yours faithfully,

Mrs Jane Eastman MCIPSProcurement Projects Manager01823 343829 d/d01823 343810 faxe-mail [email protected]

enc


mailto:[email protected]

Document No 2




TERMS OF OFFER

1. Information and Confidentiality

1.1. Information supplied to Offerors as part of the procedure is supplied in good faith. However, Offerors must satisfy themselves as to the accuracy of such information and no responsibility is accepted for any loss or damage of whatever kind or howsoever caused, arising from the use by Offerors of such information, unless such information has been supplied fraudulently by the Authority

1.2. All information supplied in connection with this Invitation shall be regarded as confidential and by submitting an offer the Offeror agrees to be bound by the obligation to preserve the confidentiality of all such information.

1.3. This Invitation and its accompanying documents shall remain the property of the Authority and must be returned on demand.

2. General

2.1. Any offer that includes alternative Terms and Conditions shall be deemed by the Authority to be a counter offer and shall be treated accordingly. The purpose of this offer documentation is to ensure that all offerors follow the same conventions and are consequentially assessed on an equitable basis thus ensuring all competitors have equal opportunity to submit successful offers.

2.2. Potential suppliers must meet all their own costs of responding to this tender including any costs they incur in responding to this tender. This is deemed to be inclusive of any attendance at presentations and/or site visits in connection with this tender.

3. Freedom of Information Act 2000

3.1. The Freedom of Information Act 2000 (FOIA) applies to the Trusts.

3.2. Offerors shall be aware of the Trusts obligations and responsibilities under the FOIA to disclose, on request, recorded information held by the Trusts. Information provided by offerors in connection with this procurement exercise, or with any contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Trusts in response to such a request, unless the Trusts decide that one of the statutory exemptions under the FOIA applies. The Trusts may also include certain information in the publication scheme, which it maintains under the FOIA.

3.3. In certain circumstances, and in accordance with the Code of Practice issued under Section 45 of the FOIA, the Trusts may consider it appropriate to ask offerors for their views as to the release of any information before a decision on how to respond to a request is made. In dealing with requests for information under the FOIA, the Trusts must comply with a strict timetable and the Trusts would, therefore, expect a timely response to any such consultation within five working days.

3.4. If offerors provide any information to the Authority in connection with this procurement exercise, or with any contract that may be awarded as a result of this


exercise, which is confidential in nature and which an offeror wishes to be held in confidence, then offerors must clearly identify in their offer documentation the information to which offerors consider a duty of confidentiality applies. Offerors must give a clear indication which material is to be considered confidential and why you consider it to be so, along with the time period for which it shall remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” shall no longer be appropriate. In addition, marking any material as “confidential” or equivalent shall not be taken to mean that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an offeror has indicated that information is confidential, the Authority may be required to disclose it under the FOIA if a request is received.

3.5. The Trusts cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence.

3.6. In certain circumstances where information has not been provided in confidence, the Trusts may still wish to consult with offerors about the application of any other exemption such as that relating to disclosure that shall prejudice the commercial interests of any party.

3.7. The decision as to which information shall be disclosed is reserved to the Trusts, notwithstanding any consultation with the offeror.

4. Supplier Presentations and Visits to Contractor sites

4.1 Given the high risk nature of this activity, the Authority reserves the right to hold Supplier Presentations following submission of tenders.

4.2 Given the high risk nature of this activity, the representatives from the Trusts intend to visit the Contractors site to carry out due diligence checks prior toaward of this Contract. Dates for these visits shall be arranged direct with contractors following submission of their tender.

5. Prices

5.1. Prices must be stated in the Offer Schedule (Document No 6) and must remain open for acceptance until 90 days from the closing date for receipt of offers.

6. Prices Fixed for 12 months

6.1. Prices must remain fixed, unless a downward movement occurs, for a period of 12 (Twelve) months following the date of contract. Thereafter prices shall be subject to annual formal review. Any statutory increase in charges e.g. landfill tax, shall be accepted by the Trusts.

6.2. It is the expectation of the Authority, that supplier/s shall work in conjunction with them in order to identify improvements in working practices and processes, which shall result in year on year cost reductions or mitigate any cost increases.

6.3. Any price increases proposed shall not exceed the prevailing rate of inflation as indicated by the Retail Price Index (RPI) as calculated by the Office of Government Statistics, RPIX, (Table RP05). The supplier shall state any requested variances in writing giving at least three month’s notice. No price increase shall come into effect without the written agreement of the authority.

6.4. Shall the Authority and the contracted supplier fail to agree any proposed revised prices, the Authority shall continue to pay the contract prices previously agreed until such agreement is reached. NHS Conditions of Contract statement on Mediation refers.


6.5. Prices must be submitted in accordance with the relevant information stated in the Supplementary Conditions of Contract, Specification and Tender Schedule (Documents 4, 5 and 6).

6.6. The tenderer shall supply such collaborative evidence of those costs as the Authority may reasonably require to evidence any adjustment of costs in the form of accounts, bills, and any ways the Authority may deem required.

6.7. Prices shall be quoted inclusive of all elements but exclusive of VAT, to the address as detailed in the contract.

7. Additional Costs

7.1. All charges associated with the provision of this contract shall be fully included within this offer submission. It shall be assumed that there shall be no additional costs associated with the provision of this contract, during the contract period.

8. Offer documentation and submission

8.1. Offers may be submitted for all services or for selected items.

8.2. Services offered shall be strictly in accordance with Document No 5. Alternative services may be offered but all differences between such items and the Specification must be indicated in detail in the Offer Schedule (Document No 6).

8.3. Offers must comprise:

8.3.1.Response to Contract Specification (Document 5B)

8.3.2.Offer Schedule (Document No 6)

8.3.3.the Form of Offer (Document No 7)

8.4. The Form of Offer (Document 7) must be signed on the Master copy by an authorised signatory. In the case of a partnership by a partner for and on behalf of the firm, and in the case of a limited company by an officer duly authorised, the designation of the officer being stated.

8.5. The Form of Offer and accompanying documents must be fully completed. Any Offer which:

8.5.1. contains gaps, omissions or obvious errors;

or;

8.5.2. contains amendments which have not been initialled by the authorised signatory;

or;

8.5.3. is received after the closing time;

or;

8.5.4. does not follow the conventions of this documentation

may be rejected.

8.6 Offers must be written in English, where applicable in ink, not amended in any way, and must be submitted in a plain sealed envelope which does not identify the name of the company, bearing the address label enclosed herewith, to arrive at that address no later than 12 noon on Wednesday 14 July 2010. Quantity 2 (two)


copies must be provided in a priced format, and quantity 3 (three) copies must be provided in an un-priced format. The status of the documents shall be clearly marked on their covers. In addition 1 (one) priced and 1 (one) un-priced copy shall be provided electronically ( for example, but not limited to CD, USB memory stick – virus tested) in Microsoft Word or PDF format preferably the latest versions (if unable to provide in this format please contact the undersigned). All offerors shall be submitted in secure binders with no loose literature. Catalogues, if requested, shall be submitted on CD ROM where possible. Under no circumstances must a response be sent by email as this shall result in your offeror response being disqualified.

Offers to be submitted to the following address using the enclosed label

Mr Peter LewisDeputy Chief ExecutiveTaunton and Somerset NHS Foundation TrustMusgrove Park HospitalTaunton SomersetTA1 5DA

9. Contract award criteria

9.1. The contract (s) shall be awarded on the basis set out in Document 5A.

10. Contract monitoring and Quality Assurance

10.1. The Trusts are committed in principle to helping improve the efficiency of contracted suppliers through sharing information on performance measurement. The criteria for measuring performance shall be agreed with the supplier/s and formally documented prior to the contract being awarded. It is possible that measurement criteria shall develop during the term of the contract - this shall also be documented following agreement with the suppliers.

11. Contract review

11.1. Regular contract reviews shall be undertaken to ensure performance is in accordance with the Contract Specification. The Authority reserves the right to provide the supplier with sufficient time to remedy the contract if a minor breach occurs. If this cannot be resolved, the Authority reserves the right to cancel the contract shall the supplier fail to meet any of the specified terms and conditions.

11.2. If there is a fundamental breach we reserve the right to invoke the statutory NHS Terms and Conditions

11.3. Frequency of contract review meetings shall be reasonable and subject to requirement.

12. Prime contractor requirements

12.1. The supplier shall be expected to act as the prime contractor for delivery and installation of the full solution. The prime contractor shall describe any subcontracting arrangements.

13. Canvassing

13.1. Any Offeror who directly or indirectly canvasses any Member, Official or Agency of the Authority concerning the award of the Contract for the provision of the services is likely to be disqualified.

14. Collusive Tendering


14.1. Any Tenderer who:

14.1.1. Fixes or adjusts the amount of the Offer by or in accordance with any agreement or arrangement with any other person; or

14.1.2. Communicates to any person other than the Authority the amount or approximate amount of the proposed Offer (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the Offer for instance); or

14.1.3. Enters into agreements or arrangements with any other person that he shall refrain from Tendering or as to the amount of any Offer to be submitted; or

14.1.4. Offers or agrees to pay or does pay or give any sum or sums of money, inducement or valuable consideration directly or indirectly to any person for doing or having done, causing or having caused to be done in relation to other Offers or proposed Offers for the services of any act or omission,

shall (without prejudice to any other civil remedies to the Authority and without prejudice to any criminal liability which such conduct by an Offeror may attract) be disqualified.

15. Complaints Procedure

15.1 The contractor shall inform the nominated officer or deputy within the organisation of any difficulties or complaints relating to the delivery of the service within 24 hours of receiving such complaint. On commencement of this contract details shall be provided.

16. Contractors Handover Co-operation

16.1. The Contractor shall co-operate fully with the Authority during the handover leading to the termination/expiry of the contract. This co-operation shall extend to full access of all documents, reports, summaries and any other information required to achieve an effective transition without disruption to routine operational requirements. The Contractor shall take all reasonable steps to ensure that the handover of operations to the new Contractor causes the least possible disruption and that such handover is done in the shortest most practical time agreed by all parties.

17. Staff Vetting

The Contractor is required to make complete checks on the history of any existing and prospective personnel to ensure their suitability to carry out work packages covered under this contract.

17.1. This shall include obtaining written work and personal references and a full understanding of any ‘blank’ periods in the candidates’ employment history to date.

17.2. At least two satisfactory written references must be obtained from previous employers, one of whom must be a recent employer.

17.3. When taking up references, it must be explained to previous employers that exemption exists in respect of employment with the Authority from Section 4 (2) of Rehabilitation of Offenders Act 1974 and that it is not any way contrary to the provisions of the Act to reveal information regarding convictions which shall otherwise be considered as ‘spent’ in relation to the applicants’ suitability.

17.4. A recent question on whether the referee is aware of any such convictions shall therefore be included in all reference requests.


18. Data Protection Act (1998)

18.1 Contractors shall be compliant with the key principles of the Data Protection Act 1998. If during the period of this Agreement, the Contractor, or any other sub-contractor, or any employee, servant or agent of them, is furnished by the Authority with, or otherwise obtains (with or without the knowledge or consent of the Authority), access to confidential, personal or commercial data owned or held by the Authority upon any medium either in relation to the Authority’s own affairs or those of others and at any time either directly or indirectly discloses, copies or makes improper use of any such data to a third party, or allows a third party unauthorised access to them, or if the Contractor or any sub-contractor, or any employee or agent of them, is responsible for, or causes the loss, damage or destruction of, all or any such data, the Contractor shall be liable for any loss or damage offered by the Authority and shall indemnify the Authority against all or any claims, proceedings, costs or expenses to which the Authority may be or become liable at the suit of any third party in respect thereof

19. Compliancy

19.1 Information relating to this tender shall be provided in the format as required herein. The Tender shall be priced in accordance with the Offer Schedule included with this tender documentation (Document No. 6). Any Tenderer that does not follow the conventions of this documentation may be deemed non-compliant. Any offer that includes alternative Terms and Conditions shall be deemed by the Authority to be a counter offer and shall be treated accordingly. Any additional documentation that the Authority has requested that is not clearly cross referenced may be considered inadmissible to the evaluation process.

NOTE : The purpose of this tender documentation is to ensure that all tenders follow the same conventions and are consequentially assessed and evaluated on an equitable basis thus ensuring all competitors have equal opportunity to submit successful tenders


Document No 3



Period of contract shall be 3 (three) years(with an option to extend for a further 2 (two) x 12 (twelve) month period

NHS TERMS AND CONDITIONS OF CONTRACT

This contract is governed by the NHS Terms and Conditions of Contract for the Supply of Services (July 2007). Copy available on request.

In all instances the latest version of these terms and conditions will apply.


Document No 4




SUPPLEMENTARY CONDITIONS OF CONTRACT

These conditions are supplementary to the NHS Terms and Conditions of Contract specified. In the event of a conflict between these terms, the following hierarchy of documentation shall apply; NHS Terms and Conditions shall be first, as the primary source, the Supplementary Conditions shall be second, as the secondary source, and this Tender Documentation third, as the tertiary source.

1. Duration of Contract

The contract shall continue in force for a period of thirty six months from the date of the commencement, with an option to extend for up to 2 (two) x 12 (twelve) month periods being subject to the satisfactory performance and the requirements of the Trusts.

2. Pricing Schedule

The offer shall be priced in accordance with the pricing schedule included with this documentation. Any offer that does not follow the conventions of this documentation may be deemed non-compliant. Please note that any offer provided by yourselves on any alternative media, other than by use of the pricing schedules, may be disregarded by the Authority and the offer deemed non compliant. Any offer that includes alternative Terms and Conditions shall be deemed by the Authority to be a counter offer and shall be treated accordingly. The purpose of this offer documentation is to ensure that all offerors follow the same conventions and are consequentially assessed on an equitable basis thus ensuring all competitors have equal opportunity to submit successful offers.

3. Quantities

No guarantee is given or implied as to the actual provision of service to be purchased during this contract. All data provided is based on historical information and is a best estimate only for this time.

4. Novation Agreements

If a supplier becomes insolvent (taking voluntary or involuntary liquidation) during the term of the contract, the Authority has the right to terminate the contract. Alternatively if the liquidator company allows a new company to be set up, the new supplier must agree the liabilities of the old supplier and continue with the contract in its entirety until the end of the contract period. Please refer to the NHS Purchasing and Supply Agency website for Guidance on the use and completion of Novation Agreements and example forms to be completed: www.pasa.nhs.uk.

5. Insurance

5.1 The contractor shall be required to take out and maintain throughout the life of this contract the following minimum insurance:


5.1.1 Employer’s liability £5,000,000 each and every claim to provide cover for liability in respect of death or physical injury to any employee in any one case in any one year.

5.1.2 Public liability £5,000,000 to cover legal liability in respect of any one claim in any one year in respect of accidental injury and/or damage during the course of the contractors business.

5.2 The contractor shall submit with his tender a letter from their insurance brokers confirming it has or has made provisions to take out the minimum Insurance listed at 5.1 above if awarded the contract, unless previously supplied as part of a pre-qualification questionnaire.

5.3 The contractor shall take out and maintain all necessary insurance for the use of motor vehicles, regardless of the driver, when these vehicles are used in the performance of this contract.

5.4 The contractor shall if requested prior to the commencement date and thereafter on the renewal date of each individual policy of insurance and at such other times as the Authority’s Authorised Officer may reasonably require.

5.5 Provide sight of original insurance documentation (including policies, schedules, endorsements, cover notes, premium details, receipts and any other documents) to the Authority.

5.6 Supply copies of such insurance policies (and all relevant cover notes) and evidence that the premiums have been paid.

5.7 Supply confirmation from the providers (and if relevant subcontractors) that the insurance obtained is fully compliant with the obligations of this agreement.

5.8 The Authority shall be entitled to notify the contractor in writing that in its opinion, any such policy of insurance does not provide sufficient cover to fully comply with this clause and to require the contractor to provide such insurance which shall fully comply with this agreement. Upon receipt of such notice, the contractor shall immediately obtain and maintain such insurance as the Authority reasonably requires.

5.9 The contractor shall deal speedily and efficiently with all claims submitted to it by third parties which shall be dealt with by its own staff or by referring such claims to its insurers.

5.10 The contractor shall maintain the insurance provisions dealing with death or personal injury after the termination of this contract, in respect of potential claims that may arise out of the period of the contract.

6 TUPE

6.1 The Parties recognize that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply in respect of the award of the Contract, and that for the purpose of those Regulations, the undertaking concerned (or any relevant part of the undertaking) shall transfer to the Contractor on the commencement of the Contract.

6.2 During the period of six months preceding the expiry of the Contract or after the Authority has given notice to terminate the Contract or the Contractor stops trading, and within 20 working days of being so requested by the Authority, the Contractor shall fully and accurately disclose to the Authority for the purposes of TUPE all information relating to its employees engaged in providing Services under the Contract, in particular, but not necessarily restricted to, the following:


a) the total number of Staff whose employment with the Contractor is able to be terminated at the expiry of this contract but for any operation of law; and

b) for each person, age and gender, details of their salary, and pay settlements covering that person which relate to future dates but which have already been agreed and their redundancy entitlements (the names of individual members of employed Staff do not have to be given; and

c) full information about the other terms and conditions on which the affected Staff are employed (including but not limited to their working arrangements), or about where that information can be found; and

d) details of pensions entitlements, if any; and

e) job titles of the members of Staff affected and the qualifications required for each position.

6.3 The Contractor shall permit the Authority to use the information for the purposes of TUPE and of re-tendering. The Contractor will co-operate with the re-tendering of the Contract by allowing the Transferee to communicate with and meet the affected employees and/or their representatives.

6.4 The Contractor agrees to indemnify the Authority from and against all actions, proceedings, claims, expenses, awards, costs and all other liabilities (including legal fees) in connection with or as a result of any claim or demand by any employee or other employee or person claiming to be an employee on any date upon which the Contract is terminated an/or transferred to any third party (“Relevant Transfer Date”) arising out of their employment or its termination whether such claim or claims arise before or after the Relevant Transfer Date.

6.5 In the event that the information provided by the Contractor in accordance with Clause 6.2 above becomes inaccurate, whether due to changes to the employment and personnel details of the affected employees made subsequent to the original provision of such information or by reason of the Contractor becoming aware that the information originally given was inaccurate, the Contractor shall notify the Authority of the inaccuracies and provide the amended information.

6.6 The provisions of this Condition shall apply during the continuance of this Contract and indefinitely after its termination.

7. Sustainability

7.1 On request, the offeror shall provide an assessment of the sustainability of the service, and how their offer shall manage these impacts.

7.2 The offeror shall provide documentary evidence to demonstrate that any packaging complies with the requirements of relevant EC Directives, and as such been minimised.


Document No 5A




CONTRACT SPECIFICATION

Contents:Part A: General informationPart B: Technical Requirements of the ContractPart C: Trust Service Schedules/Waste data/Invoice detailsPart D: Contract Award Criteria/WeightingAppendix A: Legislation and GuidelinesAppendix B: Future Regulations and Guidelines to consider

NOTE: As part of the evaluation of the offers consideration shall be given to your response to the following questions and statements. Responses shall be stated in Document 5B.

PART A: GENERAL INFORMATION

1. INTRODUCTION

1.1 Waste is produced by all health facilities, in varying quantities, costing the NHS millions of pounds to dispose of. The challenge for the NHS is to make year on year savings to the cost of waste disposal, be innovative and actively support opportunities for sustainable waste disposal and reduce the impact on the environment.

1.2 Disposal costs will, however, rise above any prevailing rate of inflation as landfill taxes continue to become more punitive and the waste sector becomes more tightly regulated. Year on year across the NHS waste volumes and costs continue to rise. The challenge is to reduce the amount of waste being created, develop cost effective waste recycling systems for all NHS sites and put in place measures to divert 100% of waste from landfill by 2015.

1.3 The NHS is charged with improving the way it interacts with its local and global environment. The NHS Carbon Reduction Strategy sets NHS Organisations the challenge of significantly reducing carbon emissions resulting from all NHS activity.

1.4 It is envisaged that the waste management partnership with the private sector can offer the NHS an opportunity to develop innovative cost neutral solutions throughout the term of the contract, identifying opportunities for cost saving initiatives and reinvestment in the Trusts waste management strategy.

2. THE CONTRACT

2.1 This contract shall be for Waste Management Services for any NHS Trusts and Healthcare Organisations within Somerset. For simplicity and the avoidance of doubt, throughout this document ‘The Trusts’ refers to those organisations listed in Part A, section 5.2.

2.2 The contract shall encompass the segregation, recycling, collection, treatment and final disposal of waste

http://www.envirocentre.ie/includes/documents/1232983700_dGKJ_saving_carbon,_improving_health_nhs_carbon_reducti%5B1%5D.pdf

2.3 The contractor shall monitor all waste streams from collection to final disposal.

2.4 The contract is intended to be a partnership agreement between the Trusts and the nominated Contractor(s).

3. THE CONTRACT SPECIFICATION

3.1 The contract specification (Document 5) alongside the NHS Terms and Conditions of Contract for Services (Document 3) and Supplementary Terms and Conditions of Contract (Document 4) outlines the service, parameters and requirements of Trusts from the nominated Contractor(s) during the course of this contract.

3.2 The contract specification details the activities to be carried out throughout the duration of the contract. The overriding principal shall be adherence to the intent of the specification to undertake the services, meeting with the satisfaction of the Trusts authorised officers.

3.3 If Tenderers cannot perform any of the services or requirements outlined within the contract specification (Document 5) or NHS Terms and Conditions of Contract for the Supply of Services (Document 3) and/or the Supplementary Terms and Conditions of Contract (Document 4), they shall notify the Trusts in writing via their tender proposal.

3.4 This specification shall be read in conjunction with Document 6: Offer Schedule, for the supply of all labour, waste containers (e.g. wheelie/static bins), materials, transport and associated facilities to provide, for the collection, transportation and re-cycling/disposal of waste.

4. THE OFFER SCHEDULE4.1 The tender shall be costed on the basis of the supplier providing a decant bin or a bin exchange

arrangement according to the collection schedule listed in Part C of this specification.

4.2 Tenderers shall complete Document 6: Offer Schedule in the format provided. Tenderers who do not complete the Offer Schedule in the format provided shall not be considered for the contract.

4.3 Locations/collection frequencies and other details specified by the Trusts provided within Part C of the contract specification are subject to change/alteration during the duration of the contract. The Trusts reserve the right to add or deduct sites as appropriate.

5. PARTICIPATING TRUSTS5.1 Any Somerset based Healthcare Organisations may join the contract at its inception or

throughout its Term by putting the request in writing to the Authority.

5.2 At the time of publication of this document, the Trusts who shall be participating within this contract are as follows:

Taunton and Somerset NHS Foundation Trust (as lead Trust)http://www.tsft.nhs.uk/

Yeovil District Hospital NHS Foundation Trusthttp://www.ydh.nhs.uk/

Somerset Primary Care Trust (NHS Somerset and Somerset Community Health)http://www.somersetpct.nhs.uk/

Somerset Partnership NHS Foundation Trusthttp://www.sompar.nhs.uk/

5.3 All contracts established for the delivery of waste services outlined within this specification shall be formed between Contractor/s and the individual Trust as outlined in Document 5A, Part A, Sub Section 5.2.

6. AIMS AND OBJECTIVES OF THE CONTRACT

http://www.sompar.nhs.uk/

http://www.somersetpct.nhs.uk/

http://www.ydh.nhs.uk/

http://www.tsft.nhs.uk/

6.1 The contract is for the provision of a collection, recycling and disposal services for non clinical general waste, hazardous non healthcare waste and miscellaneous additional waste streams (hereinafter referred to as domestic and general waste) as detailed in Document 5A, Part B, Sub section 4.4.

6.2 The Contractor(s) shall manage the collection, recycling and disposal of contracted waste streams as highlighted within the contract specification on behalf of the Trusts.

6.3 The Trusts shall employ the Contractor(s) during the contract period to develop, improve and maintain waste services, including the development of recycling and waste minimisation opportunities with the aim of diverting all Trusts waste from landfill by 2015. As part of the tender submission, contractors shall provide a proposed plan to achieve this target for each participating Trust.

6.4 Tenderers shall promote sustainable development in terms of social, economic and environmental factors. As part of the tender submission, contractors shall provide details of how service deliverables shall be conducted / managed throughout the duration of the contract to ensure sustainable outcomes and give examples of benefits that may accrue to the Trusts.

6.5 The contractor shall provide accurate carbon emission data for all proposed activities in connection with delivery of this service for each participating Trust. As part of the tender submission, contractors shall provide details of the monitoring system currently used for carbon emissions and give examples of the data that shall be available to Trusts.

6.6 The Contractor(s) shall be expected to identify and assist the Trusts to implement cost saving initiatives to enable the Trusts to achieve a year on year cost reduction in connection with the collection, recycling and disposal of domestic and general waste streams. As part of the tender submission, contractors shall provide an approximate percentage cost saving for year one of the contract.

7 CONTRACT MONITORING AND QUALITY ASSURANCE

7.1 An implementation meeting shall be arranged prior to commencement of the contract followed by contract review meeting and assessment. These shall be arranged after three months into the contract. Review meetings shall then be held on a six monthly basis unless otherwise agreed by all parties to this Contract.

7.2 The Quality Assurance Plan shall be agreed with the Authority prior to commencement of the Contract to ensure that systems and procedures are in place to guarantee that service is provided according to the standards laid down within the contract. The quality assurance plan shall be reviewed on each and every review meeting throughout the contract period.

7.3 As part of this tender submission, the contractor shall provide full evidence of its own quality assurance procedures in order to ensure that the controls are in place to prevent variations from specifications reaching the service user. Systems to control changes and rectifications to the service level shall be in place and full records kept.

7.4 The methods and procedures used to monitor the contract are described in this document, but in no way do they replace or diminish the contractor’s own quality assurance responsibilities. However, it is expected that both sets of procedures shall cover similar areas of activities. The contractor shall be required to agree to co-operate with all these quality assurance procedures.

7.5 The contractor shall be expected to adopt a flexible approach to the operation of all services in order to meet changing needs. The options to review and improve the service shall be available as the Authority and the contractor jointly work to continually improve the quality of service provided.

8 MONITORING ARRANGEMENTS AND KEY PERFORMANCE INDICATORS

8.1 Monitoring is the joint responsibility of both the Authority and the Contractor. Without co-operation, different and competing goals may emerge, to the detriment of the provision of a satisfactory service. The objective of both parties is to ensure that the service specified is fully provided, as a minimum to the standard set out in the contract on each and every occasion.

8.2 As part of their tender submission the contractor shall provide details of electronic monitoring data, available to the Trusts, that shall form part of the joint monitoring arrangements.

8.3 As part of their tender submission, the contractor shall provide suitable Key Performance Indicators (KPIs) that may be used as part of the contract monitoring process. Any KPIs shall be agreed with the Trusts prior to commencement of this contract and shall be updated throughout the term of this contract.

9 EQUIPMENT AND MATERIALS

9.1 The contractor shall be fully responsible for the provision of all equipment and materials used in connection with the contract except where these are supplied by the Trusts.

9.2 The Trusts shall not be responsible, charged or chargeable for any equipment or materials brought on site by the contractor in connection with the contract.

10 HEALTH AND SAFETY AT WORK

10.1 At all times all operations carried out by the contractor on the Trusts premises in connection with the contract shall be undertaken in accordance with relevant Health and Safety legislation and Trust Policies.

10.2 The contractor shall give the Authority a copy of his current Health and Safety policy.

10.3 The Authority shall give the contractor a copy of the Trusts current Health and Safety policy.

11. OMISSION BY THE AUTHORITY

11.1 If at any time the contractor becomes aware of any act or omission or any proposed act or omission by the Authority or by any member, official of employee of the Authority which prevents or hinders or may prevent or hinder the contractor from providing the product in accordance with the contract then the contractor shall immediately inform the Authorised Officer of that fact. For the avoidance of doubt, the contractor's compliance with this clause shall not in any way relieve the contractor of any of its obligations under the contract.

12 FURTHER INFORMATION / CLARIFICATIONTenderers are advised to read all of the tender documentation carefully prior to preparing a formal offer for this contract. Tenderers shall ensure that they are fully familiar with the nature and extent of the obligations required by them if their tender is accepted by the Trusts.

If you require any further information/clarification regarding the tendering documentation or the procurement process please contact:

Mrs Jane EastmanProcurement Projects ManagerProcurement DepartmentMusgrove Park HospitalTaunton

Somerset TA1 5DATel. 01823 343829Fax 01823 343810Email [email protected]

Mrs Una LeeSenior BuyerProcurement DepartmentMusgrove Park HospitalTaunton Somerset TA1 5DATel. 01823 343829Fax 01823 343810Email una.lee @tst.nhs.uk



PART B: TECHNICAL REQUIREMENTS OF THE CONTRACT

1. LEGISLATION, REGULATION AND GUIDANCE

1.1 The Contractor(s) shall comply with all current and future legislation, regulations and guidelines during the term of the contract. The Trusts recognise that legislative and regulative compliance from Contractor(s) does not absolve the Trusts from their own specific responsibility to comply with legislation and regulations. The Trusts shall require the appointed Contractor(s) to ensure that it works proactively with the Trusts to notify and advice them of all relevant current/future legislation, regulation and guidelines in order to ensure that the participating Trusts meet their individual Duty of Care as stipulated in the Environmental Protection Act 1990, as amended.

1.2 Attached for information is Appendix A, which is a list of legislation and guidelines that are applicable to this contract. This list is not exhaustive - errors and omissions excepted.

1.3 Tenderers shall provide a written statement of conformity within their tender proposal on how they comply with current waste regulations/guidance.

1.4 Attached as Appendix B, is a list of future regulations and best practice guidelines that shall be introduced and/or revised during the term of the contract. This list is not exhaustive - errors and omissions excepted.

1.5 If any statutory requirements or regulations are found to be contravened by the Contractor(s) or any sub-contractor working on his behalf, the Trusts shall reserve the right to terminate the contract in accordance with NHS Conditions of Contract for the Supply of Services for any material breach.

2. LICENCES

2.1 The Tenderers shall submit, to the Trusts, copies of all certificates and licences which shall remain current throughout the period of the contract, as relevant to the contract tendered for, in particular:

Waste Carrier Registration Certificate(s)Waste Broker Registration CertificateMobile Plant Licence(s)Exemption(s) from waste management licensingLocal Authority Authorisation(s)Transfer Station Licence(s)Waste Management Licence(s)Integrated Pollution Prevention and Control (IPPC) Permits & Pollution Prevention and

Control (PPC) Permit(s)

Please state if any of these documents have previously been supplied as part of this tender process.

2.2 Tenderers shall provide full details of the primary treatment site(s) (including location, capacity, permits etc) that are proposed to service each of the waste streams that form part of the Contractors tender submission (as listed in Part B, Section 4.4) .

2.3 Tenderers shall provide details of the local Environment Agency office that issued the licence(s) for all primary treatment sites for each of the waste streams that form part of the Contractors tender submission (as listed in Part B, Section 4.4) .

2.4 Tenderers shall provide full details of all back-up treatment/disposal sites or facilities to be used in the event of a primary site being unavailable each of the waste streams that form part of the Contractors tender submission (as listed in Part B, Section 4.4) .

2.5 Tenderers shall provide copies of any other licences they believe are relevant to the contract.

2.6 The Contractor(s) shall ensure that waste is treated by methodologies that are authorised by the Environment Agency and/or local authority. Treatment processes operating without appropriate authorisation shall not be used.

2.7 The Contractor(s) shall immediately advise the Trusts of any suspension, withdrawal or refusal to renew any licence, certificate or permissions applicable to carrying out the requirements of this contract during the term of the contract.

2.8 The Contractor(s) shall be responsible for all costs associated with finding an alternative Contractor(s)/treatment facility if there is a failure on their part to undertake the services outlined within the specification at any time during the contract period.

2.9 The Trusts shall require sight of the original licences and other relevant documents on a regular basis and shall reserve the right to inspect any transit station and disposal facilities at any reasonable time, as implied under the Code of Practice ‘Waste Management the Duty of Care’.

2.10 Tenderers are advised that the Trusts shall not award any part of the contract to a Contractor(s) or Sub-Contractor(s) who are unable to provide formal evidence of any of the required licences necessary to operate this contract within their tender proposal.

3. DUTY OF CARE

3.1 To ensure that the individual Trusts’ Duty of Care in respect of waste is adequately discharged Tenderers shall:

3.1.1 Visit the sites, in order to establish the suitability of their proposed arrangements for the removal of waste.

3.1.2 Provide comprehensive written documentation relating to all aspects of the contract.

3.1.3 Provide a fully detailed audit trail relating to the collection of all waste streams - including appropriate method statements where significant risk is identified.

3.1.4 Provide details of weighbridge facilities and waste tracking processes.

3.1.5 Produce a complete procedure, which covers all the requirements of the Environmental Protection Act 1990, as amended, the Environmental Protection (Duty of Care) Regula-tions 1991, as amended, including Code of Practice on Duty of Care, COSHH and the re-quirements of the Health and Safety at Work Act. This shall include formal Risk Assess-ment documentation.

3.2 Tenderers shall provide a ‘Duty of Care’ report for any organisation that they propose to use during the execution of this contract either frequently or on a contingency basis. Reports provided shall be no older than 12 months old.

3.3 Adherence to Duty of Care principles shall be a continuing process throughout the duration of the contract. Tenderers shall amend this procedure and their reporting requirements in line with any regulatory or statutory guidance changes as applicable thorough the life of the contract.

3.4 Trusts participating in this contract reserve the right to request 'Duty of Care' visits of contractor sites, as they require, and to subsequently produce written reports of these visits. Initial

visits by Trust representatives shall take place prior to award of tender to assess the condition of technology/facility to be used.

4. WASTE CATEGORIES

4.1 Tenderers shall provide pricing for each of the separate groups of waste tendered for. All costs and prices shall be included within the Document 6: Offer Schedule attached with this contract specification.

4.2 Tenderers shall inform the Trusts of their intention to sub-contract or the utilisation of a third party to service or manage any of the waste streams included within this contract on their behalf, within their tender proposal.

4.3 If Tenderers do not intend to manage one or more individual waste streams covered within the contract specification, either by their company or via sub-contracted/third party arrangements, then this shall be clearly stated in writing via their tender response to 4.4.

4.4 As part of the tender submission, contractors shall CLEARLY INDICATE THE WASTE STREAMS INCLUDED IN THEIR TENDER SUBMISSION and provide an outline of the service they propose, including details of the complete end to end process, for all waste streams that form part of their submission. Specific categories of waste streams within this contract include, but are not limited to

DOMESTIC AND GENERAL WASTE1. Aerosols2. Aluminium Products / General metals3. Cardboard4. Flowers5. Food6. Furniture7. General Non Confidential Office Waste8. Glass9. Newspapers/magazines10. Packaging11. Paper Towels12. Pallets 13. Textiles14. Tissues (non contaminated)15. Plastics

MISCELLANEOUS WASTE STREAMS16. Catering Waste17. Confidential Waste18. Mattresses19. Recording Media (i.e. CD’s, Dictation Tapes, DVD’s, Video Tapes etc) 20. Scrap Metal

HAZARDOUS NON HEALTHCARE WASTE21. Batteries22. Chemicals23. Electronic/Electrical Equipment (WEEE) – ensuring adherence to WEEE Regulations24. Fluorescent Tubes25. Fridges and Refrigeration Equipment 26. IT Equipment27. Mercury28. Mobile Phones29. Oils30. Paints31. Products Containing CFC’s

32. Solvents33. Toner Cartridges34. X-ray Chemicals

4.5 Subject to revised legislation and regulations, these categories are subject to alteration during the course of the contract.

4.6 This list is not exhaustive and may be subject to change throughout the life of the contract. Any changes and potential cost implications shall be negotiated between the Contractor(s) and the Trusts.

5. STORAGE OF WASTE

5.1 The Contractor(s) shall provide appropriate containers, lockable if required, for the safe storage of Domestic and General Waste including recycling.

5.2 The containers, subject to the approval of the Trust’s authorised officer(s), shall minimise the handling of waste and be compatible with both the Trusts and the Contractor’s transportation systems. Tenderers shall fully describe, at the time of tendering, the type, size and estimated number of containers to be provided on site(s) to store waste awaiting collection

5.3 Containers that become unsuitable for continued use through wear, loss or any other reasonable reason shall be replaced as necessary at the Contractor’s expense.

5.4 The containers shall remain the property of and be maintained by the Contractor(s) throughout the contract. The containers must be promptly removed from the hospital site on the expiry or termination of the contract.

5.5 The Contractor(s) shall ensure that there are the agreed number of containers at all times, to meet the requirements of the collection of waste, as defined in this document, across the Trusts during the length of the contract.

5.6 The Contractor shall provide a facility for Trusts to lease additional waste storage containers (e.g. recycling containers for internal use, static and portable compactors). As part of their tender submission, the Contractor shall give an outline of the additional facilities that are available and provide costs for this facility within Document 6.

6 SERVICE SCHEDULE6.1 The service schedule requirements of the Trusts are listed in Part C of the contract

specification.

6.2 Tenderers are advised that the Trusts seek either decant bin service or a bin exchange service.

6.3 Details of existing waste holding/storage equipment either owned or leased by the Trusts are listed in Part C of the contract specification.

6.4 The Trusts encourage tenderers to provide any suggestions to improve the service schedules or use of alternative waste holding/storage equipment. Proposals shall be outlined in writing within the tender proposal and any associated costs shall be included in Document 6: Offer Schedule (Additional Costs).

7 SERVICE VARIATION

7.1 Variations in service requirements shall be notified to the Contractor(s) as and when required.

7.2 The period of notice for variations shall be subject to individual service criteria.

7.3 A mechanism for agreeing variations shall be agreed between the Trusts and the Contractor(s) prior to the contract award. Tenderers shall provide a proposed mechanism for agreeing variations as part of their submission for the Trusts to consider.

8 COLLECTION POINTS

8.1 Collection points for all Trusts are detailed in Part C – Service Schedule.

9 COLLECTION TIMES

9.1 Waste collections at the Trusts shall be in accordance with the agreed service schedule unless agreed otherwise with the authorised officers for each site.

9.2 It is the Trusts responsibility to ensure access to site(s) is maintained in accordance with the agreed service schedule.

9.3 The Trusts sites Collection Points shall be cleared of waste by the contractor(s) on each collection.

9.4 The Contractor(s) shall nominate a competent person(s) who can be contacted in the event of an emergency. An out of hour’s phone number shall be required.

10 COLLECTION REQUIREMENTS

10.1 The Trusts requirements are divided between (a) Acute Trusts and (b) Primary Care Trusts and Mental Health Trusts:

and other Organisations. a) Acute Trusts shall provide a central collection area(s). If there is more than

one collection site within the Trust, further details are contained in Part C of the Contract Specification;

b) Primary Care Trust sites and Mental Health require the Contractor(s) to provide an appropriately sized container(s) at each of the agreed locations as detailed in Part C of the contract specification.

10.2 The Contractor shall collect containers in accordance with a schedule agreed by each of the authorising officers of the Trusts. This schedule is subject to change throughout the duration of this contract.

10.3 The Contractor shall provide a cleaning schedule for containers within their tender proposal. The Trusts reserve the right to accept or reject proposals .

10.4 The Contractor shall ensure that all replacement empty containers are functional and clean as per relevant legislation prior to their return to the site.

10.5 Domestic and General Waste shall be delivered to the agreed collection / storage areas on each site by the user in accordance with the schedule agreed at the start of the contract. The schedule, to be agreed by the Trusts, shall reflect the hours of business and needs of the individual Trusts.

10.6 The Contractor shall identify a sufficient number of containers to be supplied, subject to the agreement of the Trusts prior to the commencement of the contract.

10.7 The Contractor shall provide itemised details of costs for each Trust on a monthly basis for the disposal of Domestic and General Waste

10.8 The Contractor shall provide itemised details of recycling percentages and waste sent to landfill on a monthly basis for each Trust.

10.9 Where sub-contractors/third parties are used to manage various waste streams on behalf of the Trusts via the Contractor, the Contractor is responsible for managing and coordinating all invoicing arrangements. Proposed methods of managing invoicing arrangements between sub-

contracted Supplier(s) and/or third parties shall be provided in writing to the Trusts within the tender proposal.

11 RECORDING OF WASTE COLLECTION AND DISPOSAL11.1 All waste collected shall be covered by a Waste Transfer Note, where applicable, in

accordance with the Environmental Protection Act 1990. Details of applicable charges for the provision of Waste Transfer Notes shall be stated in Document 6: Offer Schedule (Additional Costs).

11.2 All Waste Transfer Notes shall be signed by the Trusts’ representative(s) before waste is removed from the Trusts’ premises.

11.3 The weight of each consignment, where requested, shall be established by the use of a weighbridge or other approved and calibrated weighing method which is weights and measures endorsed by HM Customs and Excise.

11.4 A system of recording is to be used for each collection. On every collection, the Contractor(s) shall provide a receipt recording the time and date of collection, the identification of bags/containers collected, the registration number of the vehicle and the final destination of the waste. A copy of this receipt shall be provided to the Trusts upon request.

11.5 After the delivery of each load the operator of the waste treatment facility shall issue to the Contractor(s) a receipt recording the time, date and disposal method/point of the load and the weight of the individual containers. This shall be available to the Trusts on request.

11.6 The Contractor shall provide itemised details of costs for each Trust on a monthly basis for the disposal of Domestic and General Waste Monthly invoices shall contain sufficient detail to identify information (if requested) contained in 11.1, 11.2, 11.3, 11.4 and 11.5.

11.7 The Contractor shall provide itemised details of recycling percentages and waste sent to landfill on a monthly basis for each Trust.

12 TRANSPORTATION OF WASTE12.1 Contractor(s) shall at all times maintain a comprehensive Transportation Plan giving details of

routes, collection points, timetables, vehicles and driver details. The Transportation Plan shall allow sufficient flexibility to accommodate any reasonable special needs that the Trusts may have. The Contractor(s) shall consult the Trusts regarding any alterations.

12.2 Tenderers shall provide full details within their written proposal details of how they propose to transport waste from collection points to waste treatment facilities and if applicable how treated waste is transported to final disposal sites.

12.3 All vehicles used for providing the services shall be roadworthy in accordance with the Road Traffic Acts and shall at all times, at the expense of the Contractor(s), be appropriately licensed and insured.

12.4 The Contractor(s) shall provide insurance and breakdown cover for all vehicles and evidence of shall be produced to the Trusts representative(s) upon request.

12.5 The Contractor(s) shall provide current registration by the appropriate authority, as a waste carrier for the transportation and disposal of all of the waste streams covered by this contract, and evidence of shall be produced to the Trusts representative(s) upon request.

12.6 The Trusts shall ensure that adequate access and space for the Contractor(s) for the collection of waste streams in accordance with the agreed service schedule. See Part C, Table 40.

12.7 The Contractor(s) shall ensure vehicles used to collect waste/serve this contract shall avoid the blocking/disruption to vehicles or public access to any site.

13. WASTE TRANSFER/TREATMENT/DISPOSAL FACILITIES13.1 Tenderers are shall provide within their tender submission full details of the waste transfer,

treatment and disposal processes they propose to use during the course of the contract for each waste stream.

13.2 Tenderers shall maintain up to date copies of licences/permits of any disposal/treatment sites that are proposed for use within this contract and these shall be produced to the Trusts representative(s) upon request.

13.3 In accordance with existing relevant legislation Domestic and General Waste shall be disposed of at

licensed waste disposal site(s) and / or transfer station(s).

13.4 The Trusts reserve the right to visit the specified site(s) in accordance with its “Duty of Care” responsibilities under the Environmental Protection Act 1990.

13.5 Tenderers shall advise the Trusts of the full names and address(s) of the proposed waste disposal site(s)/facilities(s) and / or transfer station(s) in writing within their written tender proposal.

13.6 In the event that the Contractor(s) wishes to utilise alternative site(s)/facilities(s) during the course of this contract, the Trusts representatives shall be notified in writing at least one month before the alternative site/facility is utilised.

13.7 In the event of a waste facility being unavailable, all Tenderers shall provide clear and detailed contingency plans within their tender proposal. The successful Contractor(s) shall be expected to continue to fulfil its obligations to the Trusts in such circumstances.

13.8 If the Contractor(s) contingency plans are reviewed/updated during the course of the contract, written confirmation shall be provided to the Trusts.

13.9 Tenderers shall provide written confirmation that any designated waste disposal plant/facility or standby facilities named within their tender proposal are permitted/ authorised by the Environment Agency/Local Authority to receive Domestic and General Waste from the Trusts.

13.10 All waste management operations shall be carried out in accordance with all current relevant legislation. Evidence to this shall be auditable and available on demand by the authorised officers of the Trusts. .

14 SUSTAINABILITY/RECYCLING/WASTE MINIMISATION

14.1 All Tenderers shall provide a sustainable proposal which fully addresses the issue of diverting all waste from landfill by 2015 by increasing recycling, waste segregation, and waste minimisation within the Trusts.

14.2 The Contractor(s) shall develop existing recycling and waste segregation activity to increase the recycling activity in all waste streams and to obtain the best possible value for money for all Trusts' sites.

14.3 Tenderers shall provide copies of licences/permits of any disposal/treatment sites that are proposed for use to service this contract – as stipulated in part B, Section 2 (Licences) of the contract specification.

14.4 The Trusts welcomes sustainable, creditable and feasible proposals from tenderers on alternative methods of disposal (i.e. Materials Reclamation Facility (MRF) route or alternative procedures) of un-segregated Domestic and General Waste to landfill or other immediate disposal.

14.5 The Trusts shall be advised of the locations of the proposed recycle site(s) and or transfer station(s). Any subsequent changes during the contract period shall be notified in writing in advance to the Trusts Representatives at least one month before the subsequent changes take place.

14.6 Tenderers shall promote sustainable development in terms of social, economic and environmental factors and service deliverables shall be conducted / managed throughout the duration of the contract to ensure sustainable outcomes and carbon reduction

15 EQUIPMENT

15.1 Tenderers shall indicate within their tender submission a written proposal of additional equipment (i.e. waste storage/holding), which could form part of the contract. The Trusts reserve the right to accept or reject all or part of the proposals submitted.

15.2 Written proposals for additional equipment shall include the following information:Perceived benefits / opportunities, for Trusts, if equipment is utilised.Service / Maintenance Schedule for each piece of equipment proposedCall out / response rates if equipment out of use or temporary unavailable

15.3 Tenderers shall provide full details of any costs for additional equipment within Document 6: Offer Schedule (Additional Costs).

16 NOT USED

17 SUB-CONTRACTING

17.1 Tenderers shall indicate within their tender proposal aspects of the contract they would intend to sub-contract and/or employ a third party to fulfil the service(s) specified within the contract specification.

17.2 Tenderers shall provide name(s), addresses(s) and contact details of proposed sub-contacted suppliers and/or third parties to be employed within the contract in their tender proposal together with all relevant licences and requirements as detailed in Section 6.

17.3 The Contractor(s) shall not sub-contract the collection, transportation or disposal of waste with out the prior consent in writing of the Trusts.

17.4 Where sub-contracting arrangements do exist, the Contractor(s) shall arrange for all invoices to be co-ordinated with the participating Trusts receiving one consolidated monthly invoice.

17.5 Any associated administration charges for the management of third-parties and/or sub-contracted services (including the consolidation of collections, invoicing arrangements etc) shall be indicated in Document 6: Offer Schedule in the (Additional Costs).

18 CONTRACT IMPLEMENTATION ACTION PLAN

18.1 Tenderers are shall provide a comprehensive timetabled Contract Implementation Action Plan within their tender proposal describing how they propose to implement the contract if they are successful.

18.2 The Contract Implementation Action Plan shall outline the following:

18.2.1 The proposed collection schedule for each individual site within the Trusts once the contract commences

18.2.2 Proposed plan for the ordering and delivery of new bins/containers to the Trusts

18.2.3 The method of transportation to be used for the collection of waste

18.2.4 Details of recruitment, training and development and mobilisation of staff to service/deliver the contract, taking in to account information provided in Part C.

18.2.5 The co-ordination of any sub-contracting/third party arrangements shall fully service the contract as specified

18.2.6 Proposed timetable to complete duty of care visits for the relevant Trusts representatives

18.3 Tenderers are at liberty to nominate a revised collection frequency if this suits the Trusts and does not adversely affect the overall cost of the contract. Proposals shall be agreed with the Trusts prior to the contract commencing.

18.4 The Contractor(s) is at liberty to nominate a revised collection frequency during the course of the contract. Proposals shall not adversely affect the overall cost of the contract and shall be provided in writing to the Trusts representatives one month before the proposal is due to commence. The Trusts reserve the right to reject requests to alter collection frequencies.

18.5 The Implementation Plan provided by Tenderers is subject to alteration and agreement between the successful Contractor(s) and the Trusts. Any alterations shall be approved by the Trusts representatives.

19 SPILLAGE/ACCIDENTS

19.1 Spillages and/or accidents shall be immediately reported to the Trusts contact/s and confirmed in writing within 48 hours.

19.2 Tenderers shall provide a method statement for dealing with any spillage, burstage or accident within their proposal.

19.3 Costs arising to clear spillages, burstages or accidents that occur shall be included within the Document 6: Offer Schedule (Additional Costs).

19.4 Costs associated with clearing spillages, burstages or accidents where the Contractor(s) has been at fault, shall be fully met by the Contractor(s).

20 NOISE CONTROL

20.1 The Contractor(s) shall ensure that all measures are taken to control the noise levels produced by his operations on the Trusts site(s) required under or by virtue of any enactment, regulation or Codes of Practice or by the working rules of any industry.

20.2 The Contractor(s) attention is drawn in particular to Part III of the Control of Pollution Act 1974, Part III of the Environmental Protection Act 1990 and any Regulation made or Codes of Practice approved there under, the Noise and Statutory Nuisance Act 1993 and Directive 92/97/EEC amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles and the UK regulations made there under.

20.3 The Contractor(s) is to note that they shall be working in a hospital environment. All noise levels are to be kept down to a minimum.

21. CONTRACTOR’S STAFF21.1 The Contractor(s) shall ensure that every person employed by the Contractor(s) and / or sub-

contractor(s) employed for the provision of waste management services, is at all times properly and sufficiently trained by having participated in a formal training programme prior to commencing work. Details of training records shall be available as requested by the Trusts.

21.2 Staff appointed by the Contractor(s) and / or sub-contractor(s) and / or temporary staff shall be aware of all relevant rules and procedures concerning Health and Safety at Work and the recording of all accidents and untoward occurrences involving waste disposal procedures from the Trusts sites.

21.3 Reportable incidences (i.e. RIDDOR) whilst undertaking work on behalf of the Trusts, shall be reported on the appropriate Accident/Incident Form and copies forwarded to the authorised officer(s) for the Trusts within 14 days of the date of the accident/incident.

21.4 The Contractor(s)’s staff shall carry and display a form of identification for any period during which they are working on the Trusts premises.

21.5 The Contractor(s) shall provide suitable uniforms for their staff at all times while on the participating Trusts premises and ensure that staff are dressed in appropriate protective uniforms/work wear.

21.6 The Trusts expect the highest standards of personal hygiene, courtesy and consideration from all of the Contractor(s)/sub-contractor(s) staff at all times.

21.7 The Contractor(s) shall prohibit their staff from smoking on Trusts property.

21.8 The Contractor(s) shall ensure that mobile phones or radio devices shall not be used within Trusts properties without first securing the permission of the relevant Trusts representative(s).

21.9 The Trusts reserve the right to request the removal of staff who fail to carry out the service to the standards required by the Trusts as outlined within the contract specification.

21.10 The Contractor(s) shall fulfil the requirements of the contract with a minimum of disruption. Specific attention shall be drawn to the following:

21.10.1 Not to convey any articles to or from a patient or have any dealing with any pa -tient unless so requested by the authorised officer.

21.10.2 Not to trespass on Trusts property but confine themselves strictly to the locality of their work.

21.10.3 The Contractor(s) and relevant staff employed on this contract shall at all times be mindful of the need to respect patient confidentiality, and shall not interact verbally or physically with patients.

21.11 The Contractor(s) shall be liable for both authorised and unauthorised acts of its employees whilst carrying out their duties in line with the contract specification whilst they are on the Trusts premises.

21.12 The Contractor(s) shall ensure that:

21.12.1 Every person newly recruited to be employed by the Contractor(s) and / or sub-contractor(s) in and about the provision of the services shall, at the Contractor(s)’s expense, at the commencement of the contract period or that per-son’s employment (whichever shall be the latter) be medically screened.

21.12.2 Any employee shall be excluded from the site when suffering from any infectious or communicable disease.

21.13 In the event of Contractor’s staff who have, or who may have, access to the Trusts sites during the course of the Contract being criminally prosecuted for a serious offence (as defined in the Police and Criminal Evidence Act 1984), the Contractor(s) shall immediately supply the authorised officer with a full report of the circumstances and, ultimately, of the outcome of any judicial procedures.

22. MONITORING OF THE CONTRACT

22.1 The Contractor(s) and the authorising officers of the Trusts shall be responsible for monitoring the quality and effectiveness of the service including the key performance indicators used to measure waste management within the Trusts. All Tenderers shall submit with their tender a statement on how these standards shall be achieved and monitored in practice. This shall be agreed between the Contractor(s) and the Trusts.

22.2 Tenderers shall provide full details of the proposed monitoring system, audit methodology and frequency of audits during the life of the agreement within their tender proposal.

22.3 The Trusts, in accordance with its Duty of Care principles shall agree a formal monitoring system with the Contractor(s), to commence at the start of the contract and be based on a continuous assessment process throughout the life of the contract.

22.4 The Trusts, reserves the right to inspect with or without prior notice, all records relating to the performance of the contract.

22.5 The Trusts reserve the right to visit any specified holding / waste disposal site (s) with or without prior notice during the contract period.

22.6 A contract review meeting shall be held on a regular basis between the Contractor(s) and the Trusts representatives. The frequency of Review Meetings shall be agreed at the commencement of the contract.

22.7 Tenderers shall provide a method of arbitration for any or all such matters that may cause dispute between both parties under this contract, within their tender proposal. The Trusts reserve the right to accept or modify this method prior to acceptance of the agreement with the successful Contractor(s).

23. PRICE, PAYMENT AND SUPPORTING INVOICE/ MANAGEMENT INFORMATION

23.1 The Trusts shall require the following management information pertaining to their waste collections in support of the monthly invoice.

23.1.1 Site Location23.1.2 Date of Uplift23.1.3 Number and size of each container collected from each site23.1.4 Total weight for each site per collection (actual weight or based on bin size)23.1.5 Any bin or other equipment rental where appropriate 23.1.6 All the above data for all waste uplifts23.1.7 Copies of all waste transfer notes/hazardous waste consignment notes (either

electronic or paper)23.1.8 Where relevant certificates of destruction

23.2 All invoices shall quote the current price per tonne/unit, or unit cost, for the collection and relevant Waste Transfer Notes / Consignment Notes and Certificates of Destruction.

23.3 All Trusts to be invoiced individually to the addresses detailed in Part C, Table 47.

23.4 Where sub-contracting arrangements do exist, the Contractor(s) shall arrange for all invoices to be co-ordinated with the participating Trusts receiving one consolidated monthly invoice.

23.5 Any associated administration charges for the management of third parties and/or sub-contracted services (including the consolidation of collections, invoicing arrangements etc) shall be indicated in Document 6: Offer Schedule (Additional Costs).

23.6 The Contractor(s) shall have in place a fully auditable identification and tracking system from point of collection to disposal.

23.7 A computerised/web-based tracking system is desirable albeit not essential.

24. QUALITY ASSURANCE/ENVIRONMENTAL POLICY

24.1 Tenderers shall provide as part of their tender submission, details of the quality assurance system and/or accreditations (including copies of certificated evidence) operated by their company, which are applicable to this contract.

24.2 Tenderers shall provide as part of their tender submission, details of the quality assurance system and/or accreditations (including copies of certified evidence) for the proposed sub-contractors who form part of the tenderers offer to deliver this contract.

24.3 Tenderers shall provide as part of their tender submission, a copy of any environmental policies and/or accreditations (including copies of certificated evidence) developed/received by their company, which are applicable to this contract.

24.4 Tenderers shall provide as part of their tender submission, details of the environmental policies and/or accreditations (including copies of certified evidence) for the proposed sub-contractors who form part of the tenderers offer to deliver this contract.

25. PUBLIC HOLIDAYS

25.1 The Contractor(s) shall ensure that service schedules and staffing levels are unaffected by Public Holidays unless previously agreed by the Trusts representatives.

26. CONTRACT MANAGEMENT

26.1 All Tenderers are asked to provide a written proposal within their tender submission for the provision of a Contract Manager, together with their current qualifications and experience, which shall be a single point of contact for the Trusts.

26.2 In the absence of the Contract Manager the contractor(s) shall notify the authorised officer, in writing, of a named representative who is nominated to deputise, together with their current qualifications and experience.

26.3 The Contractor(s) shall nominate a competent person(s) who can be contacted during operational hours.

26.4 The Contractor(s) shall nominate a competent person(s) who can be contacted in the event of an emergency. An out of office, out of hours, phone number shall be required.

26.5 The Trusts shall supply the Contractor(s) with similar out of hours contact names for each of the sites included within the contract.

27. INNOVATIONS/ADDITIONAL SERVICES

27.1 The Trusts welcome any cost neutral initiatives/innovations from Tenderers to help minimise waste levels, embrace recycling, composting, and promote sustainable development. These initiatives shall be achievable and cost effective in the provision of environmental best practice. Tenderers shall include all proposals in writing via their tender proposal.

27.2 Tenderers are encouraged to provide written proposals for any additional services they believe shall be added to the contract. Proposals shall be provided in writing via their tender proposal.

27.3 Costs associated with the development/inclusion of these services shall be included in the Other Costs section of Document 6: Offer Schedule (Additional Costs).

27.4 The Trusts reserve the right to accept or reject any proposed innovations/additional services prior to acceptance of an offer.

PART C: TRUSTS SERVICE SCHEDULE / WASTE DATA / INVOICE ADDRESS

1 TRUSTS SERVICE SCHEDULES AND WASTE DATA

See embedded Excel spreadsheet (electronic versions)See spreadsheet attached to this tender documentation

Document 5: Contract Specification

2 TRUST INVOICE ADDRESSES

TRUST NAME INVOICE ADDRESS

Taunton & Somerset NHS Foundation Trust

The Finance Department, Musgrove Park Hospital, Taunton & Somerset NHS Foundation Trust, Taunton, Somerset TA1 5DA

Somerset Partnership NHS Foundation Trust

Facilities Management, Somerset Partnership NHS Foundation Trust, Mallard Court, Express Park, Bristol Road, BRIDGWATER, TA6 4RN

Somerset PCT

Somerset PCT,5QL Payables 6565,Phoenix House, Topcliffe Lane, Wakefield, WF3 1WE

Yeovil District Hospital NHS Foundation Trust

The Finance Department, Yeovil District Hospital NHS Foundation Trust, Higher Kingston, Yeovil,


TRUST NAME INVOICE ADDRESSSomerset BA21 4AT


APPENDIX A: LEGISLATION AND GUIDLINES

The following legislation and guidelines list is not exhaustive and the Authority shall require the appointed Contractor(s) to ensure that it notifies and advises the participating Trust to all relevant current/future legislation, regulation and guidelines in order to ensure that the participating Trust it meets their individual duty of care:

PLEASE NOTE: THE FOLLOWING LIST OF LEGISLATION AND GUIDELINES APPLIES TO ENGLAND ONLY.

Batteries And Accumulators And Waste Batteries And Accumulators Directive (2006/66/Ec)Carriage of Dangerous Goods by Road Regulations 1996 SI 2095Clean Neighbourhoods and Environment Act 2005Control of Pollution (Amendment) Act 1989Control of Substances Hazardous to Health Regulations 2002 SI 2677Controlled Waste Regulations 1992 SI 588Controlled Waste (Amendment) Regulations 1993 SI 566Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991SI 1624 and Amendment (SI1998/605)Directive 00/76/EC on the incineration of wasteDirective 1999/36/EC on Transportable Pressure Equipment Directive 2001/7/EC adapting for the third time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by roadDirective 2002/96/EC on waste electrical and electronic equipment as amended by EU Directive 2003/108/EC.Directive 2003/28/EC applying the European Agreement concerning the International Carriage of Dangerous Goods by Road Directive 2004/35/CE on Environmental LiabilityDirective 2006/121/EC amending Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No 1907/200Directive 75/442/EEC on waste as amended by - (i) Directives 91/156/EEC and 91/692/EEC; (ii) Commission Decision 96/350/EC; and (iii) Regulation (EC) No 1882/2003Directive 91/155/EEC on safety sheets Directive 91/689/EEC Hazardous Waste Directive as amended by Council Directive 94/31/ECDirective 94/62/EC of the European Parliament and the Council on packaging and packaging waste amended by Directive 2004/12/EC, Commission Decision 1999/177/EC , Commission Decision 2001/171/EC& Commission Decision 2006/340/EC amending Decision 2001/171/ECDirective 96/29/EURATOM on basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiationDirective 96/49/EC on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail (as amended by Directive 2000/62/EC and Directive 2003/29/EC)Directive 96/61/EC on Integrated Pollution Prevention and Control (the "IPPC Directive") Directive00/76/EC on the incineration of waste End of Life Vehicles Regulations 2003 (SI 2003/2635)End of Life Vehicles (Producer Responsibility) Regulations 2005 SI 263Environment Act 1995 Environmental Protection Act 1990 Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 SI 1043Environmental Protection (Duty of Care) Regulations 1991 (SI1991/2839)Environmental Protection (Duty of Care) (England) Amendment) Regulations 2003 (SI2003Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005 No. 3026Environmental Protection Act 1990 (Extension of Section 140) Regulations SI 1999 No 396Environmental Protection Act 1990 (Modification of Section 62) Regulations 1992 No. 2617 /63). NB: SI2003/1720 in Wales)EU Regulation 259/1993 on the Supervision and Control of Shipments of Waste

http://www.opsi.gov.uk/si/si1992/Uksi_19922617_en_1.htm

http://www.opsi.gov.uk/si/si1999/uksi_19990396_en.pdf



http://www.opsi.gov.uk/si/si2000/20001043.htm


http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900043_en_1.htm?lang=_e

http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_396/l_39620061230en08500856.pdf



http://www.hmso.gov.uk/si/si1993/Uksi_19930566_en_1.htm?lang=_e

http://www.opsi.gov.uk/acts/acts2005/20050016.htm

http://www.opsi.gov.uk/si/si1996/Uksi_19962095_en_1.htm

Hazardous Waste Directive 91/689/EEC as amended by Council Directive 94/31/ECHazardous Waste (England and Wales) Regulations 2005 SI 894Health and Safety at Work Act 1974Health and Safety at Work etc 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2005 (SI 2005/1308)NHS Estates Health Technical Memorandum 07-01: Safe Management of Healthcare Waste, November 2006Ionising Radiations Regulations 1999 SI 3232Landfill (England and Wales) Regulations 2002 SI 1559Landfill (England and Wales) (Amendment) Regulations SI2004/1375)Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004 SI 1936Landfill Tax Regulations 1996 SI 1527Landfill Tax (Amendment) (No 2) Regulations 2003 SI 2313Landfill Tax (Amendment) Regulations 2003 SI 605Landfill Tax (Qualifying Material) Order 1996List of Wastes (England) Regulations 2005 SI 895Noise and Statutory Nuisance Act 1993Packaging (Essential Requirements) Regulations 2003, SI 1941Packaging (Essential Requirements) (Amendment) Regulations 2004, SI 1188Pollution Prevention and Control (Unauthorised Part B Processes) (England and Wales) Regulations 2004 SI434 Pollution Prevention and Control Act 1999Producer Responsibility Obligations (Packaging Waste) Regulations 1997, SI 648Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 1999, SI 1361Producer Responsibility Obligations (Packaging Waste) (Amendment) (No2) Regulations 1999, SI 3447 Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 1999, SI 3375 Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2002, SI 732 Producer Responsibility Obligations (Packaging Waste) (Amendment) (England/Wales/Scotland) 2003 SI 3294 / 613 / 3238 Radioactive Material (Road Transport) (Amendment) Regulations 2003, SI 1867Radioactive Material (Road Transport) Regulations 2002, SI 1093Radioactive Substances Act 1993, as amendedRoad Transport Directive (2002/15/EC) as implemented by the Road Transport (Working Time) Regulations The Environmental Information Regulations 2004 (SI3391/2004)The Environmental Protection (Prescribed Processes and Substances) (Amendment) (Hazardous Waste Incineration) Regulations 1998The Pollution Prevention and Control (England and Wales) (Amendment) (England) Regulations 2006The Pollution Prevention and Control Act 1999The Radioactive Substances Act 1993The Waste Electrical and Electronic Equipment Regulations SI 2006 /3289The Waste Incineration (England and Wales) Regulations 2002 No. 2980Waste and Emissions Trading Act 2003Waste and Emission Trading Act 2004 Order 2004 (SI 2004/1874 and 1488)Waste Management Licensing (Amendment) (England) Regulations 2003 (SI 2003/595)Waste Management Licensing Regulations 1994 (SI1994/1056) as amendedWaste Management Licensing (England and Wales) (Amendment and Related Provisions) (No. 2) Regulations 2005 (SI 2005/1528)Waste Incineration (England and Wales) Regulations 2002, SI 2980Waste Management Licences (Consultation and Compensation) Regulations 1999, SI 481Source: Environment Agency (www.environment-agency.gov.uk) and NetRegs www.netregs.gov.uk 2 March 2007

http://www.netregs.gov.uk/

http://www.environment-agency.gov.uk/


http://www.opsi.gov.uk/SI/si2006/uksi_20063289_en.pdf

http://www.opsi.gov.uk/acts/acts1993/Ukpga_19930012_en_1.htm#tcon

http://www.opsi.gov.uk/acts/acts1999/19990024.htm





http://www.opsi.gov.uk/acts/en1999/1999en24.htm


http://www.opsi.gov.uk/SI/si1996/Uksi_19961527_en_1.htm

http://www.dh.gov.uk/PublicationsAndStatistics/Publications/PublicationsPolicyAndGuidance/PublicationsPolicyAndGuidanceArticle/fs/en?CONTENT_ID=4140891&chk=qyKX8n


APPENDIX B: FURTHER / FUTURE REGULATIONS AND GUIDELINES TO CONSIDER:

Budget adjustments to the rate of Landfill Tax and potential changes to the exemption regime

Changes to DoH guidance on safe management of healthcare waste Environmental Liability Regulations (implementing the Environmental Liability Directive) Environment Agency Technical Guidance Document WM2 - Interpretation of the

definition and classification of hazardous waste Technical Guidance’ Environment Agency web pages on waste

o Outcome of the EA and DEFRA consultation on amendments to the Duty of Care for waste and revision to statutory guidance

o Outcome of the EA consultation on site waste management plans for the construction industry

o Outcome of the EA consultation on trans frontier shipment of waste NetRegs NHS Estates “Total Waste Management Best Practice Advice on Local Waste

Management for the NHS in England”. London, 2004. ISBN 0-11-322493-1. (Only available in hard copy from the Stationary Office.


http://www.netregs.gov.uk/

http://www.environment-agency.gov.uk/subjects/waste/?lang=_e

DOCUMENT 5B Supplier Response to Document 5A

Invitation to offer for the Supply of Waste Management Services to NHS Trusts and Healthcare Organisation within Somerset


Period of contract shall be 3 (three) years (with an option to extend for a further 2 (two) x 12 (twelve) month periods

Responses that do not cover ALL the questions and statements directly, and in response as an alternative refer to ancillary/supplementary attached supplier documentation, shall be marked accordingly as non compliant, unless these documents are specifically requested to be called up in the response by the Authority within the tender documentation.

FOR THE AVOIDANCE OF DOUBT, THE AUTHORITY IS SEEKING A RESPONSE TO EACH AND EVERY SECTION AND SUBSECTION DETAILED BELOW IN THE CONTRACT SPECIFICATION DOCUMENT 5A. The absence of a response shall be taken to mean that this facility or service is not available.

QUESTION

SUPPLIER RESPONSE shall include your reply

and/or understood statementand/or accepted statement and/or compliancy statement.

PART A GENERAL INFORMATION

1.11.2131.42.12.22.32.43.13.23.33.44.14.24.35.15.25.36.16.26.36.46.56.67.1


7.27.37.47.58.18.28.39.19.210.110.210.311.112

PART B: TECHNICAL REQUIREMENTS OF THE CONTRACT

1.11.21.31.41.52.12.22.32.42.52.62.72.82.92.103.13.1.13.1.23.1.33.1.43.1.53.23.33.44.14.24.34.4 1

234567891011121314


1516171819202122232425262728293031323334

4.54.65.15.25.35.45.55.66.16.26.36.47.17.27.38.19.19.29.39.410.1 (a)10.1 (b)10.210.310.410.510.610.710.810.911.111.211.311.411.511.611.712.1


12.212.312.412.512.612.713.113.213.313.413.513.613.713.813.913.1014.114.214.314.414.514.615.115.215.316. NOT NNOT USED - NO RESPONSE REQUIRED17.117.217.317.417.518.118.2.118.2.218.2.318.2.418.2.518.2.618.318.418.519.119.219.319.420.120.220.321.121.221.321.421.521.621.721.821.9


21.1021.10.121.10.221.10.321.1121.1221.1322.122.222.322.422.522.622.723.1 23.1.1

23.1.223.1.323.1.423.1.523.1.623.1.723.1.8

23.223.323.423.523.623.724.124.224.324.425.126.126.226.326.426.527.127.227.327.4

PART C TRUSTS SERVICE SCHEDULE / WASTE DATA / INVOICE ADDRESS

12


Document No 5C




WEIGHTING AND EVALUATION CRITERIA

1. The appointment shall be awarded to the most economically advantageous tender in terms of the criteria listed blow. Presentations from each bidder shall be held within the selection process.

SECTION A = Weighting 45 Weight Sub Weight Score out of 5 for sub weight

Weighted score

Overall score

Contingency Planning 3Quality of contingency plan submitted 1Access to alternative supplier facilities in event of plant failure

1

Information/details provided of nominated contingency plan sites

1

Duty of Care/Visit to Suppliers Premises 5Facility operating within permitted/regulatory requirements

2.5

Evidence of audit trail relating to collection of waste streams

2.5

Environmental/ Sustainability 15Environmental Policy 2.5Environmental benefits of end to end service proposed

2.5

Environmental benefits of using alternative technology proposed

2.5

Proposals to develop, improve and maintain recycling and waste minimisation

2.5

Proposals to promote sustainable development

2.5

Commitment to reducing carbon emissions 2.5Implementation Plan 2Quality of implementation plan received 1Relevance of implementation plan to participating trusts requirements

1

Innovations/Solutions to Problems 8Relevance of ideas, solutions and innovations to participating trusts requirements

4

Quality of innovations and solutions proposed

4

Quality Assurance / Audit / Monitoring 7Proposed quality assurance and audit systems to monitor waste collection and disposal

2

Quality of reports available to the Trusts 2Quality of carbon emission data available 2Relevance of proposed KPIs 1


Technical/Legal Conformity 5Statement of conformity to existing regulations

2.5

Evidence of appropriate waste licences / permits for collection, transfer stations and disposal facilities

2.5

SECTION B = Weighting 25Waste Stream ...................................(state)

Weight Sub Weight Score out of 5 for sub weight

Weighted score

Overall score for individual waste stream

Service Characteristics 10Detail of Service to be provided including end to end process

7

Proposals for achieving year on year cost savings and % cost saving for year one

3

Technical Capability 10Methods of disposal/technology proposed to service contract

7.5

Capacity levels of proposed facilities 1Information/details provided of nominated waste treatment facilities

1.5

Understanding of Specified Requirements 5Overall quality / level of understanding of requirements demonstrated (via tender document , presentations, Outline Proposals, Site Visits, Clarification interviews)

5

TOTAL 70 70

SECTION C = Maximum score 30 (see 4.2 below) Score

Waste Stream ...................................(state)


2. The evaluation of each tenderers bid shall begin with the evaluation panel assessing each company’s response against the criteria listed above in Section A.

3. The evaluation panel shall then assess each company's response to the individual waste streams against the criteria listed above in Section B. This is to ensure that waste streams are evaluated on a 'like for like' basis. Each waste stream shall be assessed on an individual basis and the score for each individual waste stream (as listed in Section B above) shall be added to the Score obtained in Section A.

4 The Criteria (except Costs) shall be marked from possible scores of 0 (zero) to 5 (five)

0 Evidence non existent1 Evidence very poor2 Evidence poor3 Evidence Acceptable4 Evidence Good5 Evidence Very Good

4 SCORING METHODOLOGY -

4.1 The final weighted score for each criterion (except costs) shall be calculated as follows:

Actual Score x WeightingMaximum Score

4.2 The lowest total price for each individual waste stream shall be awarded maximum points (30) and recorded in Section C. All other offers shall be awarded points, on a pro-rata basis. Each waste stream shall be scored on an individual basis and the score for each individual waste stream shall be added to the Score obtained in Section A & B.

4.3 The example below illustrates how the score for Price shall be calculated - the weighting for Price in this worked example is 35. All other offers are awarded points, on a pro-rata basis

Tenderer Price (£m) Calculation Score

Tenderer A £2.00 m 35

Tenderer B £2.20 m 2.0/2.2 x 35 31.8

Tenderer C £2.40 m 2.0/2.4 x 35 29.1

Tenderer D £2.80 m 2.0/2.8 x 35 25

NoteThis is an example only


Document No 6




OFFER SCHEDULE

1. Offers must be submitted in the format stated in the specification. Please note that one or more Services may be required by the Authority.

2. The Offeror shall complete this document outlining any variance in the specification of the service / equipment offered to that specified by the Trust including all non-compliances.

3. This document should also be used to include any innovations the Offeror has on his equipment and/or service that could offer financial advantages, and/or operational advantages, and/or Sustainable Development opportunities to the Trust.

4. Complete one offer schedule per Trust, as follows:

TAUNTON AND SOMERSET NHS FOUNDATION TRUST

YEOVIL DISTRICT HOSPITAL NHS FOUNDATION TRUST

SOMERSET PARTNERSHIP NHS FOUNDATION TRUST

SOMERSET PCT

5. All costs shall be quoted excluding VAT


OFFER FOR ......................................................................................................................... (Please state name of Trust)

GENERAL WASTE (Collection & Disposal Costs)Type of Disposal Disposal

cost per tonne (INCLUDINGLandfill tax currently £48 per tonne)

Weight and charge per load

Transportation charge per load

Total cost per tonne

Removal to Landfill £ £ per tonne £ £Other Disposal (state) £ £ per tonne £ £

RECYCLING SERVICES (including types of container and associated charges)Waste Stream (please list)

Container Type & Size(include pedal bin, wheeled bin, skip, REL, RoRo, Compactors, Balers)

Container Rental Charge (£) per week

Outright Purchase Cost

Disposal Charges: state terms (min. charge, etc)

Additional Charges (i.e. cleaning/sanitisation)

Income to the Trust

£ £ £ £ ££ £ £ £ ££ £ £ £ ££ £ £ £ ££ £ £ £ ££ £ £ £ £

MISCELLANEOUS WASTE STREAMS (including types of container and associated charges)Waste Stream (please list)

Container Type & Size(include pedal bin, wheeled bin, skip, REL, RoRo, Compactors, Balers etc)





Income to the Trust

£ £ £ £ ££ £ £ £ ££ £ £ £ ££ £ £ £ ££ £ £ £ ££ £ £ £ £


MISCELLANEOUS WASTE STREAMS (Ad hoc collections)Type of Waste Measure Cost Additional Information (please

provide any additional information on measurements, collection frequencies or waste stream specifics)

££££££

HAZARDOUS NON HEALTHCARE WASTE STREAMS (including types of container and associated charges)Waste Stream (please list)

Container Type & Size(include pedal bin, wheeled bin, skip, REL, RoRo, Compactors, Balers etc)





£ £ £ ££ £ £ ££ £ £ ££ £ £ ££ £ £ ££ £ £ £

HAZARDOUS NON HEALTHCARE WASTE STREAMS (Ad hoc collections)Type of Waste Measure Cost Additional Information (please

provide any additional information on measurements, collection frequencies or waste stream specifics)

££££££

ADDITIONAL COSTSIf you are proposing additional services or there are any additional costs / charges not specified within this offer schedule, please provide an itemised list of additional costs e.g. Waste transfer Notes, subcontracting admin charges

£


Please state additional discount for prompt payment of invoices within: 7 days 14 days 21 days 28 days

%%%%

INNOVATIONS / DEVIATIONS FROM SPECIFICATIONIf you are proposing any innovation or deviation for which there are cost savings / advantages / additional costs / charges not specified within this offer schedule, please provide an itemised list

Signed .........................................................................

Status ..........................................................................

For and on behalf of ............................................................................................................

Date .............................................................................


Document No 7




FORM OF OFFER

.........................................................................................................................(the Offeror)

of .......................................................................................................................................

..................................................................................................................................……..

.....................................................................................................................................…...

AGREES

1. that this Offer and any contracts arising from it shall be subject to the Terms of Offer (Document 2), The NHS Terms and Conditions of Contract (Document 3) and Supplementary Conditions of Contract (Document 4) issued with the Invitation to Offer; and

2. that in the event of a successful tender Documents 8 and 9 (if applicable) shall be accepted in their entirety.

3. to supply goods / services of the exact quality, sort and price specified in the Offer Schedule in such quantities to such extent and at such times and locations as ordered

4. that this offer is made in good faith and that the Offeror has not fixed or adjusted the amount of the offer by or in accordance with any agreement or arrangement with any other person. The Offeror certifies that it has not, and undertakes that it will not:

4.1 communicate to any person other than the person inviting these offers the amount or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the Offer, for insurance purposes or for a contract guarantee bond;

4.2 enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from making an offer or as to the amount of any offer to be submitted;

Dated this ...............…..................... day of ..................………................………..2010

Name (Print) .....................................................................................................................

Signature .....................................................................................................................

Title …..................................................................................................................

The Form of Offer must be signed by an authorised signatory. In the case of a partnership it must be signed by a partner for and on behalf of the firm, and in the case of a limited company by an officer duly authorised with the designation of the officer being stated.


Document No 8EXAMPLE DOCUMENT




DEED OF GUARANTEE

This Guarantee is made the .......................................day of ............................

BETWEEN .............................................................. PLC/Limited, whose registered office is

situated at ................................................................................. (hereinafter called 'the

Guarantor') of the first part and Taunton & Somerset NHS Trust (hereinafter called ‘the trust’)

of the second part.

WHEREAS

(1) ................................................. PLC/Limited, whose registered office is

at ....................................................................................................................

(hereinafter called 'the Contractor') has submitted an Offer dated ............................

for the provision of ........................................................ which Offer has been

accepted;

(2) By the Terms of Offer the said Offer together with the trust’s acceptance thereof constitute a binding Agreement between the trust and the Contractor that the Contractor shall hereafter execute a formal written Agreement upon the terms and conditions stipulated in the Invitation to Offer.

Now therefore the Guarantor agrees with the trust and the Authorities as follows:

1 If the Contractor (unless relieved from the performance by any terms of the said Agreements (or any other of them) or by statute or by the decision of a tribunal of competent jurisdiction) shall in any respect fail to execute the said Agreements (or any of them) or shall commit any breach of any of the Contractor's obligations there under, the Guarantor will upon demand indemnify the trust against all losses, damages, costs and expenses which may be incurred by the trust by reason of any default on the part of the Contractor in performing and observing the provisions of the said Agreements (or of any of them).

2 The Guarantor shall not be discharged or released from this Guarantee by any arrangement made between the Contractor and the trust without the assent of the Guarantor, or by any alteration in the obligations undertaken by the Contractor or by any forbearance whether as to payment, time, performance or otherwise.

In Witness whereof the Guarantor has executed this Deed the day and year above.


Executed as a Deed by ......................................................................... Director the Guarantor

.......................................................................... Secretary or Director


Document 9

EXAMPLE DOCUMENT



Period of contract shall be 3 (three) years(with an option to extend for a further 2 (two) x 12 (twelve) month period)

Tender Reference: …………………..

NHS Confidentiality agreement

THIS AGREEMENT is made this _______________ day of ____________________ 20__

BETWEEN

(1) _________________________ of ___________________________

(referred to in clause 5 of this Agreement as the “Authority”); and

(2) _________________________ of ___________________________

Background

The parties intend to enter into discussions and/or evaluations relating to the Purpose described in the Schedule. During the course of those discussions and/or evaluations they may each disclose Confidential Information (as defined below) to the other. The parties wish to protect their confidential and proprietary information and that of their suppliers, customers and other persons to whom they owe a duty of confidence.

IT IS AGREED as follows:

1. In this Agreement:

[Select one of the following definitions, and delete the other one – see guidance notes]

[Wide definition] “Confidential Information” means any commercial, technical, financial or other information, of whatever nature and in whatever form, of either party, including information relating to any suppliers or customers of the parties, disclosed or supplied by either party to the other (whether before or after the date of this Agreement) or which directly or indirectly comes to the attention of the other party, whether or not marked as “Confidential”, “Proprietary” or otherwise;

[Standard definition] “Confidential Information” means any commercial, technical, financial or other information, of whatever nature and in whatever form, of either party which relates to the Purpose, including information relating to any suppliers or customers of the parties, disclosed or supplied by either party to the other (whether before or after the date of this Agreement), whether or not marked as “Confidential”, “Proprietary” or otherwise;

“Purpose” means the purpose described in the Schedule;


2. The parties have agreed to disclose Confidential Information to each other under the terms of this Agreement. For the period of this Agreement as set out in the Schedule each of the parties agrees:

(a) to treat all Confidential Information of the other party as secret and confidential;

(b) not without the prior written consent of the other party to disclose any Confidential Information of the other party or permit the same to be disclosed to any person except as permitted by this Agreement;

(c) only to copy the Confidential Information of the other party to the extent strictly required for the Purpose or for disclosures permitted by this Agreement and to mark all copies made as “Confidential and Proprietary” to the other party; and

(d) not to use the Confidential Information of the other party or permit the same to be used for its own purposes or for any purpose other than the Purpose.

3. The restrictions set out in clause 2 shall not apply to any Confidential Information which:

(a) was already known to or in the possession of the receiving party at the time it was disclosed to it and was free from any obligation of confidence or any other restriction as to use or disclosure;

(b) was lawfully and without any restriction as to its use or disclosure subsequently disclosed to the receiving party by a third party;

(c) was in the public domain prior to its disclosure to the receiving party or subsequently came to be in the public domain after its disclosure to the receiving party, other than by reason of any breach of a duty of confidentiality owed by the receiving party; or

(d) is disclosed pursuant to applicable laws, regulations or a court order.

4. Either party may disclose any Confidential Information of the other to such of its officers, employees, agents or sub-contractors whose participation in the Purpose is essential and to its professional advisers and consultants engaged in connection with the Purpose who, in each case, are informed of the confidential nature of the information. The receiving party shall take reasonable steps to require such persons to preserve the confidentiality of any information so disclosed and shall in any event remain fully liable to the disclosing party for any breach by such person of the terms of this Agreement.

5. Without prejudice to clause 3 (d) above, the parties acknowledge and agree that, as a public authority, the Authority has a statutory obligation to comply with the provisions of the Freedom of Information Act 2000 (“FOI”), any Codes of Practice issued pursuant to it and the Environmental Information Regulations 2004 (each as amended, updated or replaced from time to time) (“FOI requirements”) and that consequently any Confidential Information of the other party held by the Authority pursuant to this Agreement may be subject to disclosure in response to a request for information made under the FOI requirements. The parties further acknowledge and agree that the Authority must consider each request for information individually on its own merit, considering the applicability of any exemptions to the specific circumstances, and that the final decisions as to whether any exemption applies to a request for information or as to whether to disclose information in response to a request are decisions solely for the Authority. The Authority agrees that before making a decision about how to respond to any request for information that involves the disclosure of Confidential Information of the other party, it will consult with the other party about the possible disclosure of its Confidential Information in accordance with any applicable guidance relating to the FOI requirements. In any event the Authority shall not be liable to the other party for any loss, damage, harm or other detriment however caused arising from the disclosure of any Confidential Information of the other party in accordance with the FOI requirements.


6. Each party undertakes, on receipt of a written request from the other, whether upon completion of the Purpose or at any other time:

(a) immediately to deliver up to the other party all documents and other data storage media whatsoever, including any copies made or created by the receiving party, containing any part of the Confidential Information of the other party; and

(b) immediately to cease use of the Confidential Information of the other party whether

for the Purpose or for any other purpose whatsoever.

7. The parties warrant that they are under no obligation to any other person, firm or company which in any way prevents or restricts them from entering into this Agreement and undertaking and performing the obligations contained in it.

8. Compliance with Data Protection Act. If during the period of this Agreement/discussions/evaluation/schedule, the Contractor, or any other sub-contractor, or any employee, servant or agent of them, is furnished by the Authority with, or otherwise obtains (with or without the knowledge or consent of the Authority), access to confidential personal or commercial data owned or held by the Authority upon any medium either in relation to the Authority’s own affairs or those of others and at any time either directly or indirectly discloses, copies or makes improper use of any such data to a third party, or allows a third party unauthorised access to them, or if the Contractor or any sub-contractor, or any employee or agent of them, is responsible for, or causes the loss, damage or destruction of, all or any such data, the Contractor shall be liable for any loss or damage offered by the Authority and shall indemnify the Authority against all or any claims, proceedings, costs or expenses to which the Authority may be or become liable at the suit of any third party in respect thereof.

9. The parties agree that this Agreement is to be governed by and construed according to English law and accept the non-exclusive jurisdiction of the English courts.

Schedule

Purpose: [Insert description]

Could refer to Doc 5 – specification if using for a tender

Period of the Agreement: The period of [insert] months/years commencing with the date of this Agreement.

Signed ___________________________for and on behalf of [insert name of Authority]

Name (caps) ______________________Position _________________________Date ____________________________

[If the other party is not a company]


Signed __________________________

for and on behalf of [insert name of party]

Name (caps) ______________________Position _________________________Date ____________________________

[OR if the other party is a company]

SIGNED for and on behalf of[Insert name of company]by ……………………………………(1) Director

and

………………………………………(2) Director/Secretary


Document 10




Please complete the following:

I/We* confirm receipt of the above documentation and will/will not* be submitting an offer on this occasion.

*Please amend as appropriate

Company.................................................................................................................

Signed.....................................................................................................................

Name (please print)................................................................................................

Contact Tel No........................................................................................................

Contact Fax No.......................................................................................................

Date.....................................................................................................................…

and return by Fax, e-mail or post to:

Una Lee, Senior BuyerProcurement DepartmentTaunton & Somerset NHS Foundation TrustMusgrove Park HospitalTauntonTA1 5DA

DDI: 01823 3829Fax: 01823 343810

E-mail: [email protected]

This form to be returned by Friday 11 June 2010


Procurement Department, (insert full address)€¦ · Web viewMusgrove Park Hospital, Procurement...

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