TENDER FOR THE PROVISION OF ENGINEERING CONSULTANCY SERVICES

REF: ENPR/CONS/0794

SCHEDULE OF REQUIREMENTS

OJEU REF: 2011/S 349450

This Tender has been created in MS Word 2007 and is designed to be completed electronically.

If you have downloaded this Tender from our Buyer Profile can you please register your interest with Fiona Lynch, Commercial Manager by emailing fional@nlb.org.uk this will ensure that you are provided with any subsequent clarification information.

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

Introduction

Following our OJEU Open Procedure contract notice you have requested our invitation to tender (ITT) documents. Please ensure you understand all aspects of this ITT. All information contained within this ITT will be used by the Commissioner of Northern Lighthouses operating as the Northern Lighthouse Board (NLB) for the purposes of this project only. This ITT is non-transferable, if you decide you do not wish to tender please inform Fiona Lynch, Commercial Manager Email: fional@nlb.org.uk as soon as possible and where possible explain why you have decided not to tender.

Please ensure you understand all aspects of this document and you should be aware that all information contained within this tender will be used by NLB for the purpose of this project only.

This tender is subject to the EU Procurement Directive 2004/18/EC Open Procedure and our notice 2011/S 214-349450 was published by OJEU on 4th November 2011.

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

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

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

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

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

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

In accordance with EU and UK legislation and public sector transparency guidelines, please be aware that NLB or GLAs contracts will be advertised and also published following contract award. Information in relation to the contracts will be within the public domain, your attention is drawn to Page 12 Freedom of Information Act 2000.

Background Information

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

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

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

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

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

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

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

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

Tender Process

All enquiries must be addressed, to Fiona Lynch, Commercial Manager at the address shown below and must be submitted in writing or by email; in the latter case these will be recorded. Tenderers should be aware that it will be the intention of NLB to circulate in writing, to all interested parties all queries and enquiries received together with the response of NLB. The source of the question will not be disclosed.

Fiona Lynch

Commercial Manager

Northern Lighthouse Board

84 George Street

Edinburgh

EH2 3DA

Email: fional@nlb.org.uk

Fax: 0131 473 2436

Completed Tenders should be forwarded using the label provided (Appendix VI) to:

Director of Finance

Northern Lighthouse Board

84 George Street

Edinburgh

EH2 3DA

The closing date for receipt of tenders is Tuesday 20th December 2011 at 12:00 hours. Email and Facsimile copies will only be accepted if the original is received within two working days of this deadline. It is in your interest to ensure that all the information requested is provided in your tender submission and that your submission reaches us by the closing date.

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

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

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

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

You should note that NLB may seek amplifying information from Tenderers, or from third parties in amplification of any part of the submission.

Submitting a Tender*

All Tenders are submitted entirely at the cost of the Tenderer. NLB will not be responsible for any costs associated with any tender submission or subsequent activities. Please note that all tenders must be submitted in hard copy with one electronic copy on CD in PDF or similar format using the label provided, by the closing date. Tenders received after the closing deadline may not be considered.

Whilst Tenders must be returned in hardcopy using the label provided at Appendix VI, you can also email your Tender submission to tenders@nlb.org.uk if you wish to ensure delivery before the deadline. Please put Tender Ref: ENPR/CONS/0794 as the subject of the email. We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent. Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender. This email box is only opened following the deadline and the above procedure still applies. Tenders received after the closing date will not be considered.

Please be aware that tenders issued are non-transferrable. Should you choose to not to tender please advice Fiona Lynch as soon as possible and do not pass the documentation to any other party. It is in your interest to ensure that all the information requested is provided in your tender submission; that you return the correct number of copies using the label provided; and that your submission reaches us by the closing date.

You must address all aspects of pricing within your tender submission including the method of pricing. Please ensure that you detail all costs involved with your offer and any associated costs. NLB will not be liable for any unidentified costs.

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

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

General Lighthouse Authorities (GLAs)

This contract will have scope to allow the other GLAs of the United Kingdom and Ireland, Trinity House (TH) and the Commissioners of Irish Lights (CIL) to purchase the software and services at any point during the contract including the support contract. Both Authorities have their own arrangements however it may be more effective to use NLBs arrangements in the future should they wish to change systems. This will be done by TH and CIL directly with the Contractor using the contract rates, pricing etc which may need to be adjusted to allow for large volume discounts, annual price changes etc. There is no commitment to any purchase from either TH or CIL.

Tender Submission Requirements

Your tender proposals must include all the information requested throughout this document, including but not limited to: -

A covering letter

Form of Tender completed

Declaration of Non-Collusion completed

Statement Relating to Good Standing completed

Schedule of Supplier Information completed

Pricing Proposals covering the services clearly indicating what is being tendered for and including a price adjustment mechanism(s).

A response to all information requested within this document, including any alternative offers.

Full details of the responsible person(s)/account manager allocated to the contract

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

To return the completed form PQQ Form 3.02.05

Clear notification of any of the areas of our requirements that cannot be provided.

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

Grounds for Disqualification

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

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

Late submission of Tender not received by tender deadline

Incorrect, or changes to, information supplied in your tender

Lack or breach of confidentiality

Publicity of involvement with this exercise

Undeclared collusion including but not limited to collusion with other companies the form at Appendix III must be fully completed. If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender.

Failure to follow instructions given in the ITT.

Conflict of Interest either declared or undeclared.

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

Collusive Tendering as detailed within the Declaration of Non-Collusion

Anti-competitive practice

Obtaining a Fail with regards to the PQQ Form 3.02.05 and/or failure to return the completed form

Discrimination breaches of legislation or individual NLB policy

Bribery and corruption

Contract Nature

NLB shall place official purchase orders when services are required. This will normally consist of an order detailing the specification of the services required and place of delivery. Services must only be supplied when an official order has been received.

Any quantities referred to within the Invitation to Tender will be indicative and official order(s) will be issued for requirements at the agreed prices/rates during the contract period.

This may be awarded in whole or in part and NLB reserves the right not to award the contracts. This contract may be awarded to more than one Supplier and any joint award of contract will be based upon our project requirements. If successful you shall be informed of the nature of the contract award and the areas in which you have been successful.

Please note that you must not supply services at anytime without instruction from NLB. This always comes in the form of a purchase order and NLB will not be liable for any work undertaken without a Purchase Order being issued.

Contract Information

The Northern Lighthouse Board requires professional Consultancy Services to support our Engineering Department to assist with future projects which may arise over the duration of this contract. The provisions of the service will be spread over a wide geographical area throughout Scotland and the Isle of Man within some remote areas. Any future projects, which are identified for the Consultancy Services could require the Consultant to assess the design of the any proposed structures and suggest improvements (if required) and to carry out surveys and report with recommendations on a variety of Aid to Navigation (AtoN) structures, bridges, piers, roads etc.

Example of projects conducted under the previous consultancy agreement are as following:

Buchan Ness Lighthouse survey and report including recommendations for repair to a reinforced concrete access bridge to the lighthouse site which has shared responsibility with the house owners. NLB are likely to require a further consultancy work at this location at a later date.

Clythness Lighthouse assessment of the Tower and cliff and report with recommendations

Kyleakin Lighthouse bridge assessment and report with recommendations

Copinsay Lighthouse specialist monitoring to provide information relating to its long term future and inform NLB discussions concerning stability of the cliff and the proximity of the tower to the cliff edge, pier assessment and submitting report with recommendations.

Rubh Re Lighthouse - inspection of the road and structures prior to any planned maintenance with report and recommendations.

Buoywork - NLB anticipated that we will require specialist research and design assistance into wave heights, the impact on moorings and connections; and the ability to use light weight moorings to support our work with buoyage. We also have occasional design requirements in response to failures of our buoys.

Summary of Requirement

Engineering Consultancy Rate

Under this provision of this Framework Agreement the Northern Lighthouse Board (NLB) is seeking to obtain a list of Specialist Engineering Consultancy rates for the following consultants:

Chartered Mechanical Engineer

Chartered Structural Engineer

Graduate Mechanical Engineer

Graduate Structural Engineer

Senior Electrical Engineer

Graduate Electrical Engineer

Mechanical Draughtsman

Civil/Structure Draughtsman

The pricing for the above Specialist Engineering Consultancy rates should be indicated in the pricing schedule on Page 17, any other areas of costs must be clearly identified within your tender submission.

Tenderers must provide CVs for all personnel who may work on this contract, any changes to personnel by the successful contractor(s) must be agreed in writing by NLB before they attend any site or undertake any work.

Initial Engineering Consultancy Projects - Sgeir Golach and Bogha Dubh Sgeir

The initial projects, in Years 1 and 2 of this contract include Sgeir Golach and Bogha Dubh Sgeir near Plockton during 2012/13 and Sgeir Ghoblach & Sgeir Thraid in the Inner Sound, Skye during 2013/14.

NLB is in the process of lighting a number of unlit Beacons around the coast and as part of this process it is apparent that the original beacon has fallen into dangerous condition or is not adaptable for the installation of a light.

In order to install a new beacon we require an Engineering Consultancy to determine by appropriate means, the wave loading on the structures at each of the above sites including obtaining relevant meteorological data,

The data provided in each report should include but is not limited to:

1. Project/Technical Management, Risk Assessment and Project/Programme Plan

1. Estimated 50 year wind strength,based on published MetOcean data, to compute spectra on fetch appropriate to each site.

1. Input these into a CFD package, with simplified bathymetry taken from the largest scale available chart, to estimate wave velocities and water levels at each site.

1. Consider possible effects of refraction/diffraction off neighbouring shoals and islands for each site.

1. Prepare an outline design proposal for sample structure(s) for estimation of wave loadings; submit report on proposed structure location and mounting arrangements taking account of minimum heights indicated on briefing notes.

After discussions and agreement on the height and style of the structure, the Consultant Engineer will then proceed to design a suitable structure to withstand the resultant forces with a platform at a minimum size of 1.25 m x 1.5 m to support the proposed Aid to Navigation. New structures previously up to 4m high have been constructed using a single post but higher structures have utilised a tripod. Upon completion of the design and approved construction drawings by the Consultant Engineer. NLB will undertake the tender process to fabricate the structures. The structures will then be free issued to the contractor (appointed after a separate tender exercise) to install on site.

Information relating to the design of two structures for which the Tenderer must provide a tender cost is included as follows:

Annex A - Bogha Dubh Sgeir AtoN Details

Annex B - Sgeir Golach AtoN Details

Annex C - Photographs of replacement structures

Annex D - Pelangi Standard NLB LED Unit Drawing

Annex E - Pelangi Standard NLB LED Unit Photos

Annex F - Typical Platform Layout

The pricing for the above Initial Engineering Consultancy Projects should be indicated in the pricing schedule on Page 18, any other areas of costs must be clearly identified within your tender submission.

Timetable

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

Publication of the OJEU Open Procedure contract notice

Thursday 3rd November 2011

Tender Documents available from

Tender documents will be downloadable from NLBs Procurement Portal http://nlb.g2b.info on 3rd November 2011

Tender return deadline

Tuesday 20th December 2011

Evaluation

W/C 9th January 2012

Mandatory standstill period

There will be a 10 working day mandatory standstill period between the notification of our intent and effecting any agreement.

Tender award

February 2012

Contract Pricing

This framework agreement shall be let for a period of 4 (Four) years. The agreement shall commence by February 2012. These dates are approximate and will depend on final agreement execution.

This contract will have fixed costs for this service provision and includes consultancy rates and project cost listed within this document. The price shall be fixed for a minimum period of 12 months from the date of commencement of the contract. An annual contract review shall take place and the contractor may submit a price variation for consideration. Any variation must be substantiated, no higher than the prevalent rate of inflation and if agreed will be fixed for the next 12 month period.

Any future project work conducted under this agreement will be priced at the agreed consultancy rate. The successful Tenderers will be provided with an official NLB project quotation document detailing the project or services required, this document will be issued by the NLB Commercial Section. The successful Tenderer will be required to price each project element as required based on the consultancy rates provided within this tender reply. A detailed Project plan detailing schedules, personnel, processes, equipment and any other relevant project documentation must accompany all quotation replies.

Once the additional project has been awarded, NLB shall place an official purchase orders for any additional services or projects required. The service or project must only be supplied when an official order has been received. Any additional services or projects will be subject to same NLB Terms and Conditions as detailed in this tender document Ref: ENPR/CONS/0794.

Any quantities referred to within this tender document will be indicative and official order(s) will be issued for requirements during the agreement period. If the agreement is awarded to more than one supplier, NLB reserves the right to place orders with the Contractor of their choice. This agreement can be terminated by NLB with 30 days written notice.

Price Adjustment Mechanism, Payments & Invoicing*

Tenderers must complete the enclosed pricing schedule providing rates for each Consultancy Services, any pricing will remain fixed for a minimum period of 1 year from the date of contract award. Following this period cost changes (positive and negative) will be considered based on an agreed index formulas for services relating to the contract requirements. The proposed indicies to be used for the annual adjustment must meet the following criteria:

A recognised index from a reputable government or industry source

Freely and independently available to NLB throughout the period of the contract

Related to the costs of providing the services in the tender.

Tenderers MUST provide:

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

2. Five years historical date for the proposed indices.

Unless otherwise stated in the Contract, payment will be made within 30 days of completion of the contract following receipt and agreement of invoices which are to be submitted in arrears, for work or services completed to the satisfaction of NLB.

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

Sub-Contractors

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

Termination

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

Award Criteria

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

Financial/Agreeable contract terms and conditions (10%)

Criteria

Weighting

Financial Viability based on Z Score and Dun & Bradstreet Risk of Business failure (4.1)

0.40

Agreeable contract terms and conditions (Appendix VIII)

0.30

Declaration of Non Collusion Signed (Appendix III)

0.20

Form of Tender Signed (Appendix IV)

0.10

Pricing (40%)

Criteria

Weighting

Consultancy Rates

0.60

Project Rates Specified Projects - Bogha Dubh Sgeir and Sgeir Golach

0.40

All Tenderers shall complete the attached CDM PQQ in full. (Inter GLA HSS FORM 3.02.05 Pre Qualification Questionnaire for Principal Contractors)

Pre Qualification Questionnaire for Principal Contractors

All contractors shall complete the enclosed CDM PQQ in full (Inter GLA HSS Form 3.02.05 Pre-Qualification Questionnaire for Principal Contractors/Contractors).

Applications failing the evaluation of the CDM PQQ will not be considered for Tender Award (Appendix VII)

Pass/Fail

Applicants failing the evaluation of CDM PQQ or not returning the PQQ will not be considered.

Technical & Staff, Business Capability (20%)

Criteria

Weighting

Accreditations/ Certification/Registration to Professional Bodies (1.7) (1.8)

0.20

Previous Examples of Similar Service, examples of survey reports and project management methodology, both offshore & inshore (3.2) (3.5)

0.60

Full CVs of Key Personnel

0.20

Capability & Project Information (30%)

Criteria

Weight

Capability, & Suitability of Proposal for Specified Projects (3.1) (3.3) (3.6)

0.40

Method Statement Assessment and Design of Specified Projects Bogha Dubh Sgeir and Sgeir Golach (3.7)

0.20

Programme for Specified Projects (3.7)

0.10

Quality Assurance (7.1)

0.10

Insurance (5.1)

0.20

Statement of Good Standing Signed (Appendix II)

Yes/No

Heath & Safety Information (7.2)

Yes/No

Environmental Management (7.3)

Yes/No

Organisation Details (1.1)

Yes/No

Disputes (6.1)

Yes/No

Equality (7.4)

Yes/No

Corporate Social Responsibilities (7.5)

Yes/No

Freedom of Information Act 2000 Statement

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

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

clearly identify such information as commercially sensitive;

explain the potential implications of disclosure of such information; and

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

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

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

Transparency

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

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

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

This tender addresses the transparency right to publish within the Supply Agreement and the identification of contract awards to SMEs within the Form of Tender

Fair and Open Procurement

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

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

Contractors ResponsibilitiesSub-Contractors

Contractors may wish to sub-contract parts of this framework. You are free to choose your sub-contractors but must advise the NLB of all sub-contractors in writing and in advance of their sub-contract offer, the NLB reserve the right to approve all sub-contractors in advance and sub-contractors cannot attend any NLB vessel or site without our prior approval. This will not relieve the Principal Contractor of any obligation or duty under the agreement. Please provide a detailed list of all sub-contractors, partners including their roles and responsibilities etc.

Contract Progress Meetings

Progress meetings during the duration of the framework agreement and each individual contract shall be held at key stages and may be held at any of the NLBs premises; the Contractors premises or any other site deemed appropriate.

Transportation of Contractors Equipment etc.

All goods, materials or equipment belonging to the Contractor are carried on NLB vessels entirely at the Contractors own risk and NLB shall have no liability for such items.

Timber, Timber Products or Working with Timber*

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

Variations to the Contract (following contract award)

The Contractor shall not vary the Specification unless instructed by the NLBs in writing. The Contractor may propose Variations to the Contract for the consideration of the NLBs but shall not vary the Contract unless instructed in writing by the NLBs. During each contract variations to the contract will be issued in writing in the form of Variation Orders. Variation Orders can only be implemented upon receipt. The NLBs will not be liable for any costs where formal written instructions have not been issued by the NLB and the Contractor has acted on verbal instruction.

Contractors Conduct

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

Copyright Notice

All rights, including copyright and database rights in this website and its contents are owned by or licensed to (except where otherwise expressly stated) The Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board and may only be used in accordance with (1) the Copyright, Designs and Patents Act 1988, (2) the Copyright and Rights in Databases Regulations 1997 and (3) the terms of this notice; and provided that (1) they are reproduced accurately and without misrepresentation to the Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board and (2) the source acknowledged by way of an appropriate copyright notice stating that the copyright in the information used belongs to The Commissioners of Northern Lighthouses operating as the Northern Lighthouse Board. It is your legal responsibility to ensure that such copyright notices comply with the legal requirements of all nations.

Publicity

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

Use of Oils on NLB sites*

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

Tendering

The NLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise. Reference sites may be called for, clarification meetings held or visits to Suppliers premises etc. may take place as part of the evaluation exercise. This will all be done without any cost or liability to the NLB.

Discrimination

The Contractor is responsible for obtaining a copy of NLBs publications in respect of anti-discrimination and conduct and the Contractor is responsible for ensuring all employees, agents and sub-contractors employed to perform the services of this agreement comply with the provisions and spirit of each of these documents. Your specific attention is drawn to the Equality Act 2010.

Intellectual Property

Tenderers and Contractors must not infringe NLBs Intellectual Property Rights by using any drawings, documents, names, logos etc provided to Tenderers and subsequent Contractors or appearing in information provided or accessed without the relevant NLBs written approval and assignation.

Gifts, Hospitality and Inducements to Purchase

Tenderers and Contractors shall not offer or give, or agree to give, to any NLB employee or representative any gift or consideration of any kind as a bribe, inducement or reward for doing or refraining from doing or for having done or refrained from doing, any act in relation to the obtaining or execution of this or any other contract with the NLBs or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract. Your attention is drawn to the criminal offences created by the Bribery Act 2010. Should NLB become aware of direct or indirect communications through trade associations or otherwise between Tenderers relating to the Tenders or which might facilitate price collusion, it shall be the policy of the NLB to disqualify such Tender(s) or Tenderer(s).

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

Bribery and Corruption

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

AssignmentThe successful Contractor shall not without the written agreement of NLB assign the benefit or burden of this contract or any part thereof

Mandatory Standstill Period (Alactel Judgement)

NLB will incorporate a minimum 10 working day standstill period (electronic transmission) or 15 working days (by postal service) at the point information on the award of the contract is communicated to all Tenderers. This period allows unsuccessful Tenderers to seek further debriefing from NLB before the contract is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing and that information/debriefing has to be provided a minimum of 3 working days before the expiry of the standstill period. If this does not happen the standstill period must be extended by 3 working days from the date of the last debrief.

If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations (SI 2009 No. 428) and The Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland) and the sheriff court, the Court of Session (Scotland). Any such action must be brought promptly within the time limit of 30 days from the day on which you first knew or ought to have known that grounds for starting proceedings had arisen the date of knowledge. The Court has the discretion to extend the time limit where there is good reason for doing so, but only to a maximum of 3 months from the date of knowledge.

NLB is now automatically obliged to suspend the contract-making when a legal challenge to the contract award decision is launched. The Court may order the (prospective) ineffectiveness of a contract where certain serious rule breaches have occurred. This will be coupled with a fine on NLB. They can also provide for alternative penalties (either contract shortening, fines, or both) instead of ineffectiveness, in certain situations where ineffectiveness is inappropriate. More information can be obtained from The Office of Government Commerce who are now part of The Cabinet Office

http://www.cabinetoffice.gov.uk/content/office-government-commerce-ogc and also http://www.scotland.gov.uk/Topics/Government/Procurement/policy/Legislation

Page 4 of 82

Document No: 43207

Version: 01

Date: 11 October 2011

PRICING SCHEDULE

Please complete the pricing schedule detailed below any other areas of costs must be clearly identified within your tender submission. Please include all relevant information and experience of similar work completed to date.

Please provide CVs for all personnel who may work on this contract, any changes to personnel by the successful contractor(s) must be agreed in writing by NLB before they attend any site or undertake any work. Please provide examples of survey reports and project management methodology, which you intend to use. Please state working times for both Standard & Outwith Standard working hours

Engineering Consultancy Rate

Chartered Structural Engineer

Chartered Mechanical Engineer

Graduate Structural Engineer

Graduate Mechanical Engineer

Senior Electrical Engineer

Graduate Electrical Engineer

Civil/Structure Draughtsman

Mechanical Draughtsman

No

Description

Hourly Rate Cost Excluding

VAT

Hourly Rate Cost Excluding

VAT

Hourly Rate Cost Excluding

VAT

Hourly Rate Cost Excluding

VAT

Hourly Rate Cost Excluding

VAT

Hourly Rate Cost Excluding

VAT

Hourly Rate Cost

Excluding

VAT

Hourly Rate Cost

Excluding

VAT

1

Monday-Friday

Standard Hourly Rate

2

Monday-Friday

Outwith standard Hourly Rate

3

Saturday Sunday Hourly Rate

4

Travel & Subsistence

5

Mileage Rate per Mile

6

Over Night Allowance

7

Accommodation

Monday-Friday

Please indicate standard hours

Initial Engineering Consultancy Projects - Sgeir Golach and Bogha Dubh Sgeir

No

Description

Total Cost

Excluding

VAT

Comments

1

Structure Initial load assessment, structural checking, effect of refraction/diffraction Wind/wave data checking, outline design report and submit recommendation for Bogha Dubh Sgeir & Sgeir Golach.

2

Project/Technical Management, Risk Assessment of Bogha Dubh Sgeir & Sgeir Golach and produce final report and recommendation for structure design at Bogha Dubh Sgeir & Sgeir Golach. .

Total Cost Excl. VAT

Please provide a breakdown cost for each project elements.

Signed ..

Date

Name(in Block Capitals)..

Position

For and on Behalf of (In Block Capitals)

.

Pricing will be fixed until: .

Delivery Period:.

(from date Purchase Order is issued)

Tenderer Information Schedule

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

1. Organisation Details

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

Company Name

Address

Town/City

Postcode

Country

Website (if any)

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

Name

Position

Telephone Number

Fax Number (if available)

E-mail (if available)

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

Please(tick one box)

Sole Trader

Partnership

Public Limited Company

Private Limited Company

Other (please state)

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

Date of formation

Place of formation

Date of registration

Company registration number

Certificates enclosed

YES / NO (please delete)

Registered Office

Principal place of business

1.5. Ownership structure

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

Company Name

Address

Town/City

Postcode

Country

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

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

Company Name

Address

Town/City

Postcode

Country

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

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

Relationship

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

Ownership structure enclosed (please tick )

1.6. Please provide a brief history of the Potential Providers organisation.

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

1.7. Registration with professional body

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

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

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

Registering body

Registration number

1.9. VAT registration number

VAT Registration number

1.10. Please provide a Company organisational structure diagram.

Company Organisation Structure attached

Yes /No

2. Subcontracting

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

2.1. Please indicate which of the following applies

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

Yes / No

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

Yes / No

c) the potential provider is a consortium

Yes / No

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

Requirement

Company / Organisation

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

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

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

3. Capability

3.1. Please provide details of the Potential Providers principal areas of business activity, main products and services

Brief Description of the Potential Providers primary business and main products and services.

3.2. Please provide details of the examples of Similar Service, examples of survey reports and project management methodology of similar offshore and inshore project.

Previous Examples of Similar Service, examples of survey reports and project management methodology. Examples submitted should included both offshore and inshore projects.

3.3. Please provide details of the Potential Providers staff numbers. Please provide details of the average annual numbers of staff and managerial staff over the previous 3 years.

Year

Staff numbers

Managerial Staff

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

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

Conflict of Interest Details

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

Yes/No

3.5Please provide information relating to the Potential Providers experience of contracts for similar services, demonstrating the similarities in provided products and services to this requirement:-

Potential Providers should provide details of three significant private or public sector contracts for the supply of services which it has performed. These should have been performed during the past three years.

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

The contracts should have been for services similar to those outlined in the Requirement for similar sized companies.

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

(Where the Potential Provider is a special purpose vehicle and not intending to be the main provider of the services, the information requested should be provided in respect of the principal intended provider of the services.)

Customer name and address

Contact name, telephone number and email address

Date contract awarded plus, start and finish dates

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

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

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

1.

2.

3.

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

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

Yes / No

3.6In relation to the requirement please provide details of the Potential Providers available technical facilities, bases, study and research facilities, tools, plant, technicians, technical equipment and services.

Statement of available technical facilities, equipment, services and staff

1.7 Please provide details of the Potential Providers technical ability to perform the contract included the two projects listed within this tender, including details of skills, efficiency, work programme, method statements, experience, reliability, methodologies and approaches relevant to the contract and the detailed projects.

Details of the Potential Providers technical ability

3.8 Please provide details of the Potential Providers measures for ensuring quality in relation to the services provided under the contract in particular for ensuring quality of software and your support services including details of your approach to contract and project management, service delivery and complaints. (Details of your quality attestation registrations (if any) for example under ISO9001 or equivalent are required in section 7 of this document)

Details of the Potential Providers measures to ensure quality such as Quality Management systems

4. Financial

4.1 Please provide the following financial information or an explanation as to why the Potential Provider cannot provide this information

Information attached

Yes or No

If No

Please explain why

a) A copy of the most recent audited accounts for your organisation that cover the last two years of trading or for the period that is available if trading for less than two years.

b) A statement of the organisations turnover, Profit & Loss and cash flow position for the most recent full year of trading (or part year if full year not applicable) and an end period balance sheet, where this information is not available in an audited form at (a).

c) Where (b) cannot be provided, a statement of the organisations cash flow forecast for the current year and a bank letter outlining the current cash and credit facility position.

d) If the organisation is a subsidiary of a group, (a) to (c) are required for both the subsidiary and the ultimate parent company. Where a consortium or association is proposed, the information is requested for each member company.

e) A separate statement of the organisations turnover that relates directly to the supply of this service for the past two years, or for the period the organisation has been trading (if less than two years).

4.2 Parent company and/or other guarantees of performance and financial standing may be required as well as confirmation of the organisations willingness to arrange for a guarantee or a performance bond.

4.3 Where the potential provider is dependant financially on a parent company to support its application for this procurement, it must indicate in the box below whether a Parent Guarantee is available if requested.

Where required,Parent Guarantee Available?

YES / NO (please delete)

Where required, Performance Bond Available?

YES / NO (please delete)

If No please state why

4.4 Name and address of principal banker.

Bank Name

Address

Town/City

Postcode

If requested, would you be willing to provide a Bankers reference?

YES/NO

5 Insurance

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

5.1 Insurance details Copies of insurance policies must be included within your proposal

Type of insurance

Employers Liability

Public Liability

Professional Indemnity

Other

Name of insurer

Address

Policy numbers

Expiry date

Limits of indemnity (per occurrence and aggregate)

Excess (if any)

6. Disputes

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

a)

Legal proceedings pending

YES / NO (please delete)

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

Brief statement (300 words or fewer)

Either insert required details or state None

6.2Has there been any material litigation or other legal proceedings connected with similar projects against the Potential Provider and/or any of its named supply chain members (sub-contractors) that may affect delivery of this project in the last three years?

a)

Legal proceedings

YES / NO (please delete)

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

Brief statement (300 words or fewer)

Either insert required details or state None

7. Additional Information7.1 Quality Assurance

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

Yes/No

If so, please provide a copy of the certificate

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

Yes/No

If so, please attach an outline of the system.

If not, please explain why.

7.2 Health and Safety

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

Yes/No

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

Yes/No

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

Yes/No

Does your organisation train its staff in Health and Safety?

Yes/No

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

Please provide details of:-

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

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

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

7.3 Environmental Issues

Do you operate a documented environmental management system? Please provide a copy.

Yes/No

If you do not have such a system please explain why

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

Please include a copy of applicable certificates

Yes/No

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

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

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

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

D) None of the above.

7.4 Equality

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

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

Yes/No

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

Yes/No

Does your organisation have a written Equality Policy? If Yes please provide a copy.

Yes/No

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

Yes/No

7.5 Corporate Social Responsibility (CSR)

Does your organisation have a written CSR Policy? If Yes please provide a copy.

Yes/No

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

Page 31 of 31

Document No: 43207

Version: 01

Date: 11 October 2011

Appendix I

INSTRUCTIONS TO TENDERERSConfidentiality of Tenders

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

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

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

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

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

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

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

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

2. Trading Names/Invoicing

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

3. Specification of Standards

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

4. Framework/Call-off Contracts

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

5. Form of Tender

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

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

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

6. Group BiddersIn the event of a group of service providers, suppliers or contractors submitting an acceptable offer, the group will be required to nominate a lead partner with whom NLB can contract. Alternatively the group will need to form themselves into a single legal entry before the contract is awarded. An undertaking that the group will so form themselves, if required by the NLB, must be provided when the tender is submitted.7. Qualifications

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

8. Incomplete Tenders

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

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

10. Alternative Tender(s)

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

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

11. Price

All unit rates and prices quoted must be quoted in Sterling pounds and decimal fractions of a Sterling pound. There is no restriction on the number of decimal places, but the product of multiplying the rate by the quantity must be expressed in Sterling pounds and whole pence. Unless the Conditions of Contract allow otherwise, the prices quoted shall be fix for a period of 12 Months and thereafter reviewed annually

12. Value Added Tax (VAT)

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

13. Submission of Tenders

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

14.Tender Validity

Tender(s) should remain open for acceptance for a minimum period of 90 days from the Tender Deadline or for such a period as may be specified by NLB.

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

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

16. Terms of Payment

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

17. Additional Information to be Included in Tender Proposals

The proposals should cover where appropriate:-

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

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

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

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

Appendix IISTATEMENT RELATING TO GOOD STANDING

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

PROJECT TITLE: ENGINEERING CONSULTANCY SERVICES

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

Grounds for mandatory rejection (ineligibility)

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

(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA:

(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption;

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

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

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

(i) the offence of cheating the Revenue;

(ii) the offence of conspiracy to defraud;

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

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

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

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

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

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

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

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

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

(eb) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or

(f ) any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State.

Organisations name

Signed

Position

Date

Discretionary grounds for rejection

The Potential Provider confirms that it:

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

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

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

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

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

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

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

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

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

Organisations name

Signed

Position

Date

Appendix III

DECLARATION OF NON-COLLUSION*

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

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

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

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

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

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

* delete as appropriate

+ provide details of scheme, source of funds and amount

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

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

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

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

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

Organisations name

Signed

Position

Date

Appendix IV

FORM OF TENDER

1. I have read the documents listed below and, subject to and upon the terms and conditions contained in the said documents, I offer to supply the Services specified, at the pricing quoted by me in the Schedule of Requirements

Pricing Fixed until:

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

3. Invitation to Tender package including:

Invitation to Tender Letter

Pricing Schedule

Appendix I. Instructions to Tender

Appendix II. Statement of Good Standing

Appendix III: Declaration that Tender is a Bona Fide Competitive Tender

Appendix IV: Form of Tender

Appendix V. Evaluation Matrix

Appendix VI. Tender Address Label

Appendix VII: Pre Qualification Questionnaire for Principal Contractors/Contractors

Appendix VIII: Terms and Conditions for Consultancy Services

Annex A - Bogha Dubh Sgeir AtoN Details

Annex B - Sgeir Golach AtoN Details

Annex C - Photographs of replacement structures

Annex D - Pelangi Standard NLB LED Unit Drawing

Annex E - Pelangi Standard NLB LED Unit Photos

Annex F - Typical Platform Layout

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

5. I agree that any contract that may result from this tender shall be considered as a contract subject to the law of Scotland.

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

7. The prices quoted and information provided in this tender are valid for acceptance and binding for a minimum of 90 calendar days from the deadline.

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

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

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

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

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

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

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

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

Please tick here if your organisation has 250 or more employees

In addition:

Please tick here if your organisation is a registered company

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

DECLARATION

Organisations name

Signed

Name in full

Position with authority to sign tenders

Address

Postcode

Telephone No.

Fax No.

Mobile No.

Email address

Website

Date

Appendix V

Northern Lighthouse Board

TENDER FOR THE PROVISION OF: ENGINEERING CONSULTANCY SERVICES

Ref: ENPR/CONS/0794

Tender Evaluation Matrix

Candidate:Assessor:

Date:

REF

NO.

CATEGORY

INFO

SUPPLIED

MARK

WEIGHT

SCORE

COMMENTS

1.0

Financial/Agreeable contract terms and condition

1.1

Financial Viability based on Z-score and Dun & Bradstreet Risk of Business Failure (4.1)

0.40

The Director of Finance or his representative will conduct this assessment.

1.2

Agreeable contract terms and conditions (Appendix VIII)

0.30

1.3

Declaration of Non Collusion Signed (Appendix IV)

0.20

1.4

Form of Tender Signed (Appendix IV)

0.10

Total Score for Section 1

1

2.0

Pricing

INFO

SUPPLIED

MARK

WEIGHT

SCORE

COMMENTS

2.1

Consultancy Rates

0.60

2.2

Project Costs - Bogha Dubh Sgeir and Sgeir Golach

0.40

Total Score for Section 2

1

3.0

CDM PQQ

INFO

SUPPLIED

MARK

WEIGHT

SCORE

COMMENTS

Pre Qualification Questionnaire for Principal Contractors (Appendix VII)

Pass/Fail

Total Score for Section 3

Pass/Fail

4.0

Technical, Similar Projects & Staff

INFO

SUPPLIED

MARK

WEIGHT

SCORE

COMMENTS

4.1

Accreditations/ Certification/Registration to Professional Bodies (1.7) (1.8)

0.20

4.2

Previous Examples of Similar Service, examples of survey reports and project management methodology, both offshore & inshore (3.2) (3.5)

0.60

4.3

Full CVs of Key Personnel

0.20

Total Score for Section 4

1

5.