CHP Units tender - Bracknell Forestdata.bracknell-forest.gov.uk/content/documents/chp-units...1.2.3...

Easthampstead House, Town Square, Bracknell,

Berkshire RG12 1AQ

Tel: (01344) 352000

Invitation to Tender (ITT)

for the

Supply, Installation and Maintenance of Two

Gas fired Combined Heat & Power units

COMPLETED BY

ORGANISATION [Supplier to complete]

NAME [Supplier to complete]

DATE [Supplier to complete]

TO BE COMPLETED AND RETURNED TO THE COUNCIL

This document contains RESTRICTED INFORMATION once completed by the Supplier.

CHP ITT Page 1 of 82

TABLE OF CONTENTS

1 Introduction ............................................................................................................................................... 32 Instructions to Suppliers.......................................................................................................................... 4

Appendix A – Terms and Conditions ............................................................................................................. 10Appendix B – Specification ............................................................................................................................ 38Appendix C – Evaluation Spreadsheet .......................................................................................................... 46Appendix D – Evaluation Guidance ............................................................................................................... 47Appendix E - Guidance to tenderers on freedom of information act 2000: access to information about orarising under contracts................................................................................................................................... 54

SCHEDULE 1 – Entry Level Questions ......................................................................................................... 57SCHEDULE 2 – Organisation Information..................................................................................................... 60SCHEDULE 3 – Experience and Contract Examples.................................................................................... 64SCHEDULE 4 – Technical Questions............................................................................................................ 66SCHEDULE 5 – Pricing Schedule ................................................................................................................. 73SCHEDULE 6 – Contract Compliance Statement ......................................................................................... 74SCHEDULE 7 – Specification Compliance Statement .................................................................................. 76SCHEDULE 8 – Form of Tender.................................................................................................................... 78SCHEDULE 9 – Schedule Of Reserved Information..................................................................................... 80SCHEDULE 10 – TENDER Checklist ............................................................................................................ 82


1 Introduction

1.1 Background Bracknell Forest Borough Council (BFBC or the Council) is located in central Berkshire, and was designated a New Town in 1949 but became a Unitary authority in April 1998. The Council’s services are divided between four directorates, Corporate Services, Adult Social Care & Health, Environment, Culture & Communities and Children, Young People & Learning.

The Environment, Culture and Communities Department delivers a very diverse range of services that interact in some way with every resident in the borough and in services such as highways and landscape this could mean every single day. Our focus then is on our agenda and needs to stay there.

The department has four service areas:

Leisure and CultureEnvironment and Public ProtectionPlanning and TransportPerformance and Resources

It employs about 700 staff, many of them being at remote sites such as leisure facilities or the depot.

The existing 2 off gas fired Combined Heat Power units (CHP) at Bracknell Leisure Centre and Coral Reef have reached the end of their operating life with the unit at the Coral reef being shut down since May 2013.

1.2 Outline Requirement

1.2.1 Council wishes to replace its existing gas fired Combined Heat and Power units (CHP) and associated equipment at Bracknell Leisure Centre and Coral Reef.

1.2.2 The Council intends awarding a contract to provide 2 x CHP units to the following sites:

Lot 1

a) Bracknell Leisure Centre, Baghot Road, Bracknell, RG12 9SE

- a large sports and leisure centre consisting of two large pools, a toddlers pool, Spa, Sports Halls, Gyms and Health Suites along with IT Server units and associated PC’s for running the Leisure Management System across a number of sites

Lot 2

b) Coral Reef, Nine Mile Ride, Bracknell, RG12 7JP

- A large free form leisure pool with many features like water cannons, erupting water volcano, slides, hot & cold sauna area and small health suite.


1.2.3 The installation is to include a 24 hour 365 days per year monitoring & control system.

1.2.4 The project includes the removal and disposal of existing CHP and auxiliaries.

1.2.5 The supplier is to tender for the provision of a 5 year fully comprehensive maintenance contract for each CHP unit. The supplier shall also be required to provide an alternative full life 15 year comprehensive maintenance quote.

1.2.6 This invitation to tender excludes a)Final connections to the existing site TREND system to be done by others. b)Annual maintenance of the STARK automatic metering specified

1.3 Project Schedule

The following is the proposed timetable for the Supply & Installation of 2 x CHP Units (Coral Reef & Leisure centre)

Publish advert on South East Business Portal & OJEU

Issue Extended ITT

Last Questions from Suppliers

Issue Final Question & Answer Summary

Receive Response from Suppliers

Issue Purchase Order or Contract

Installation Complete

2 Instructions to Suppliers

2.1 Entry Level Questions Please read through the documents included in this pack, in particular the Specification. Please complete Schedule 1 - Entry Level Questions. Please ensure that you include sufficient justification for any exception. If you do not pass the Entry

Level Questions contained within Schedule 1, we will not be able to consider your tender response any further.

2.2 General Instructions If having completed the Entry Level Questions, you intend to tender for the Supply &


Installation of 2 x CHP Units, please read through the following instructions carefully. Your organisation must bear all costs associated with the bidding process itself, including attendance at clarification meetings and any visit to your organisation’s premises requested. If the Council needs to issue any additions or clarification to these documents during the bidding period, we will only do so in writing (usually by email) to all Suppliers.

2.3 Suppliers will need to arrange site visits to the sites directly with Steven Milne. Address and contact details are as follows:-

Bracknell Leisure CentreBagshot RoadBracknellBerkshireRG12 9SE

Coral Reef Leisure CentreNine Mile RideBracknellBerkshireRG12 7JQ

Clarifications of the ITT documents must be made in writing preferably by email, not later than midday on XX to the following:

Email: XX

Please note: Any questions and answers discussed during site visits or submitted by email will be logged, summarised and issued to all suppliers by XX.

All information in this ITT document set shall be treated as confidential.

2.4 Tender Response Please submit 2 hard copies of your tender response, plus one electronic copy on CD/DVD. Most business file types are acceptable; however any file containing code, password protection or seemingly inappropriate images will be rejected. We are unable to accept tender responses on USB stick.

Your tender response must be divided into two sections:

The technical section must include:

• Entry Level Questions (Schedule 1)

• Organisation Information (Schedule 2)

• Case Studies (Schedule 3)


• Technical Questions (Schedule 4)

No pricing to be included in the technical section for evaluation purposes.

The commercial section must include:

• Firm prices in sterling for the Goods/Services entered on the Pricing Schedule (Schedule 5)

• Contract Compliance Statement (Schedule 6)

• Specification Compliance Statement (Schedule 7)

• The Form of Tender statement (Schedule 8) completed, signed and dated.

• Schedule of Reserved Information (Schedule 9)

• Tender Checklist (Schedule 10) must be completed and comments added if required.

You should complete your responses into the Schedules and this document.

Alternatively, you may submit a separate document providing the tender cross references the section and paragraph numbers of this Invitation to Tender.

All sections must be responded to even if simply “Understood” or “Agreed”.

Where the Council has indicated a maximum number of words against some questions. The number indicated includes words in any charts, appendices and diagrams which are incorporated into the supplier's response unless otherwise clearly indicated. In the event that the number of words is exceeded, the Council will only consider the first part of the supplier’s response up to the maximum allowed.

Where any external reference material, such as brochures, specifications and system descriptions, is used to support your tender response, any statements within the reference material which may allow change to obligations or reduce liability, such as "specifications subject to change without notice", or other disclaimers will be regarded as void and shall not form part of the purchase order or contract in the event that the tender response is accepted. All pricing to be stated exclusive of VAT.

Tenders shall remain open for an initial acceptance for a minimum of 120 calendar days, although the Council may ask you to extend of the period of validity.

2.5 Submission of Tender responses

The original, signed, Invitation to Tender must be returned by no later than XX

Please address to:

Invitation To Tender Opening Ref: Supply, Installation & Maintenance of 2 x CHP Units


XX

If submitting hard copies, the envelope must not indicate the name of the sender; envelopes that do may be rejected unopened. Similarly, tender responses received after the tender submission date/time may be rejected.

2.6 Tender Decline If you decide not to respond to this ITT, please let the contact in Section 2.2.4 know in writing as soon as possible, giving a brief reason(s).

2.7 Evaluation of Tender Suppliers must pass the Entry Level Questions in Schedule 1. Suppliers must be financially sound. We use an external credit reference agency and, in addition, may seek copies of accounts and annual reports for larger contracts. We expect suppliers to have been trading long enough to have published accounts and developed a client base.

The contract will be awarded on the basis of the most economically advantageous offer having regard to:

i. The Total Cost of the goods, services or works, incorporating capital costs, installation costs, disposal costs and maintenance costs (70% of the total score)

Please note: The Council will evaluate all options presented within the Pricing Schedule and reserves the right to select the winning tenderer based on any discounts offered by supplying both Lots. However, we also reserve the right to award each Lot separately if it is decided that a double award is not in the best interest of the Council.

The current agreement on the Leisure centre CHP will result in a removal cost of £10k to the Council. The Council has therefore built this into the price evaluation for this particular site.

ii. The Quality of the solution (30% of the total score) taking into account issues such as; quality, price, technical merit, aesthetic and functional characteristics, environmental characteristics, cost effectiveness, after sales service, technical assistance, delivery date and delivery period and period of completion

iii.

The headline Quality evaluation criteria are as follows:

Criteria Marks Applicable Document(s) &

Section(s)

Entry Level Questions Pass/Fail Schedule 1

Organisation Information & Financial Standing

To be completed but no section weighting attached

Schedule 2

Technical Questions Section Weighting = 100 Schedule 4


Individual Question Weightings for Schedule 4 ‘Technical Questions’ 1.0 : Production Information Sub Weighting Section: 25

1.1 : Technology Proposal 4

1.2.2 : Site specific installation requirements 3

1.2.3 : Performance (generator data sheets) 3

1.2.4 : Noise Level Reduction Requirements 3

1.2.5 : Metering 3

1.2.6 : Availability of MOD bus facility / TREND requirements

2

1.3 : Monitoring / Control / Protection & Communication of Technology

4

1.4 : Type of Control system 2

1.5 : Additional benefits 1

2.0 : Maintenance Requirements Sub Weighting Section = 25

2.1 : All inclusive service level agreement 7

2.2.1 : Service intervals / reports given & reporting to site

4.5

2.2.2 : Response & fix times 5

2.2.3 : Number of engineers 3.5

2.2.4 : Availability of parts 5

3.0 : General Sub Weighting Section = 10

3.1 : Overview of organisation 3

3.2.1 : Project Management team 2

3.2.2 : Maintenance team 2

3.2.3 : Project Plan 3

4.0 : Case Studies Sub Weighting Section = 9

4.2 : Case studies provided in Schedule 3 6

4.3 : Terminated contracts 3

5.0 : Environmental Management Sub Weighting Section = 5

5.1 : Environmental Management system 3

5.2 : CHP Disposal 2

6.0 : Quality Assurance Sub Weighting Section = 7.5

6.1 : Quality Management certification 2.5

6.2 : Professional / Trade associations 0.5

6.3 : CHPQA registration 1

6.4.1 : Installer qualifications 1

6.4.2 : Gas safe registrations 1

6.4.3 : Loading equipment registration 1

7.0 : Health & Safety Sub Weighting Section = 7

7.1 : Health & Safety accreditation 4

7.2 : Improvement / Prohibition notices 3

8.0 : Terms and Insurance (also taking into Sub Weighting Section = 12


account responses to Schedule 6)

Form of Agreement Pass/Fail Schedule 7

Total 100

The following score guide will be used to mark any question within Schedule 4 – Technical Questions.

Scoring - Quality Criteria

Rating of Response Score

Very Good or Fully Compliant Submission - which meets all requirements and is fully explained in comprehensive detail. 10

Good or Fully Compliant Submission - which meets all the requirements and is explained in reasonable detail. 8

Satisfactory or Compliant Submission - which meets the essential requirements and is explained in adequate detail. 6

Weak or Partially Compliant (Minor issues) Submission - which in some areas falls short of requirements and is poorly explained. 4

Un acceptable or Non Compliant (Major issues) Submission which fails to meet requirements and is not explained. 2

Questions contained within Schedules 1 & 3 represent Pass/Fail criteria and will therefore be marked in accordance with the scoring guide contained within Appendix D. Any organisation who is not able to meet the criteria within the scoring guide (Appendix D) will not be considered further in the evaluation.

Evaluation of pricing will be by using the evaluation spreadsheet, attached as Appendix C. Pricing will be assessed in two lots.

Lot 1 –Bracknell Leisure Centre Lot 2-Coral Reef

The evaluation spreadsheet details any sub-criteria and formulae used.


The Council shall be under no obligation to award a contract for all or any part of the requirement set out in this Invitation to Tender, to any supplier or at all.

2.8 Alternative Offers Alternative offers will only be considered if they constitute a fully priced alternative and are submitted in addition to a tender response complying with the requirements specified in the ITT documents. Alternative offers must contain sufficient supplementary information, drawings and data to permit a complete evaluation to be made.

Appendix A – Terms and Conditions


BRACKNELL FOREST BOROUGH COUNCIL

CONDITIONS OF CONTRACT

AUGUST 2013

THE SUPPLY AND INSTALLATION OF COMBINED HEAT AND POWER UNITS & ANY

ANCILLARY EQUIPMENT

THE SUPPLY AND INSTALLATION OF COMBINED HEAT AND POWER UNITS & ANY

ANCILLARY EQUIPMENT

CONDITIONS OF CONTRACT - CONTENTS

1 Form of Agreement 2 Definitions

PART 1 – GENERAL CONDITIONS OF CONTRACT

3 The Council’s Obligations 4 Contract Completion and Combined Heat & Power Unit Maintenance 5 Visiting and Inspection of the Site 6 Liabilities of the Contractor


7 Insurance 8 Bribery and Corruption 9 Supervision by the Contractor 10 Health and Safety 11 Advertising 12 Payment and Default Interest 13 Recovery of Sums Due 14 Assignment and Sub-Contracting 15 Agency 16 Delegation 17 Emergencies and Civil Defence 18 Default 19 Forbearance 20 Termination 21 Human Rights 22 Equal Opportunities 23 Dispute Resolution 24 Data Protection Act 25 No Rights of Third Parties 26 Survival of Rights 27 Confidential Information 28 Notices 29 Freedom of Information 30 Severability 31 Property & Risk 32 Quality Standards 33 Inspection rejection acceptance and guarantee 34 Additional Conditions of Contract and General Specifications Governing Building,

Mechanical & Electrical Works 35 Jurisdiction

PART 2 – ADDITIONAL CONDITIONS OF CONTRACT

A1 Site Accommodation & Storage A2 Materials, Plant, Workmanship etc A3 Clearing Site A4 Materials on Site A5 Supervision A6 Programme A7 Communication A8 Protection of Existing Structures Gardens etc A9 Dismissal of Workmen A10 Advertising & Copyright A11 PC and Contingency Items and Sums and Provisional Items and Sums A12 Safety, Health & Welfare A13 Council’s Safety Policies A14 Working Hours A15 Noise Control A16 Fire Precautions A17 Provision of Water A18 Provision of Electricity A19 Provision of Gas A20 Lighting & Power A21 Protection of the Works


A22 Drying Out A23 Cleaning of the Works A24 Finance (No2) Act 1975 – Statutory Tax Deduction Scheme A25 Day Works A26 Security A27 The Construction (design and Management) Regulations 2007 A28 Asbestos A29 Maintenance of Public and Access Roads A30 Existing Mains & Services A31 Damage A32 Working Space A33 Occupied Areas of the Building

Appendix A – Requirements Specification Appendix B – Standard Mechanical & Electrical Specifications Appendix C – Specimen Articles of Agreement & Recitals Appendix D – Instructions to Tenderers

PART 1 - GENERAL TERMS AND CONDITIONS

1 Form of Agreement

1.1 The Contractor shall be required to enter into and execute a Form of Agreement. The Contract Agreement to be used shall be generally in accordance with the specimen agreement which is attached as Appendix C .

2 Definitions

2.1 "Contract" shall mean the Form of Agreement, these Conditions of Contract, the Specification all Appendices and Schedules attached to the Invitation to Tender and the Contractor’s Response;


2.2 “Completion Date” shall mean the date upon which the Works are completed by the Contractor in accordance with the Contract;

2.3 The "Contractor" shall mean the person, firm, company or other entity with whom the Contract is made and who has agreed to supply the Works and, where the Contractor is an individual or partnership, shall include the personal representatives of that individual or the partners of that firm;

2.6 “Contractor’s Response” means the Contractor’s Response to the Invitation to Tender dated [ ] 2013;

2.7 “Combined Heat and Power unit” means the units to be supplied by the Contractor and includes any ancillary equipment, instructions or handbooks relating to the unit;

2.8 The "Council" shall mean Bracknell Forest Borough Council, of Easthampstead House, Town Square, Bracknell, Berkshire;

2.9 “FOIA” shall mean the Freedom of Information Act 2000;

2.10 “FOIA Exemption” shall mean any applicable exemption to the FOIA including, but not limited to, confidentiality (section 41 FOIA), trade secrets (section 43 FOIA) and prejudice to commercial interests (section 43 FOIA);

2.11 “Guarantee” shall mean the requirement detailed in the Specification to provide a guarantee in respect of the Unit;

2.12 “Invitation to Tender” means the Invitation to Tender of the Council dated August 2013;

2.13 “Maintenance” means maintenance of the Combined Heat & Power unit as detailed in the Specification and the

Contractor’s Response;

2.14 “Prices” shall mean the Prices payable by the Council for proper performance of the Services as detailed in the Pricing Schedule at Schedule 5 of the ITT response;

2.15 “Programme” means the Programme for carrying out the Works as set out in the Contract;

2.16 “ Specification” shall mean the requirements specification and general mechanical and electrical specifications included in the Council’s Invitation to Tender as responded to in the Contractor’s Response / the Specification attached as Appendices A and B hereto;

2.17 The "Supervising Officer" shall mean Mr Steven Milne, the Council's Energy Manager or other person appointed from time to time by the Council and notified in writing to the Contractor to act as the supervising officer for the purpose of this Contract;

2.18 “VAT” shall mean value added tax payable under the Value Added Tax Act 1994;

2.19 “Works” shall mean the design, supply and installation of the combined heat and power units, ancillary equipment and associated building works and services provided by the Contractor and detailed in the Specification;


In the Contract, unless the contrary intention appears, a reference to an Act of Parliament or any Order, Regulation Statutory Instrument or the like shall include a reference to any amendment or reenactment of the same

Where the context permits, words importing the masculine gender include the feminine, words in the singular include the plural and words in the plural include the singular

The headings of the clauses shall not affect the interpretation thereof

GENERAL CONDITIONS OF CONTRACT

3 The Council’s Obligations

3.1 Nothing in this Contract shall prejudice or affect the Council’s rights, powers, duties and obligations in relation to the exercise of its functions as a local authority.

4 Contract Completion and Combined Heat & Power Unit Maintenance

4.1 The Contractor shall carry out the Works in accordance with the requirements and obligations set out in the Specification and Appendices A and C. The Works shall commence at on [TBA] and shall be completed by the Completion Date of [To be agreed ] in accordance with the agreed Programme. Time of performance shall be the essence of the Contract.

4.2 Should it be requested by the Council, Maintenance of the Unit shall be provided by the Contractor for a 5 year period in accordance with the Specification at Appendix A and with the Prices set out in the Pricing Schedule at Schedule 2 [or 15 years if option taken]

4.3 The Combined Heat and Power unit to be supplied under this agreement shall conform to the Specification, be of satisfactory quality (within the meaning of the Sale of Goods Act 1979 as amended) and fit for any purpose held out by the Contractor or made known to the Contractor by the Council, be free from defects in design, material and workmanship and remain so for 5 years after delivery and comply with all applicable statutory and regulatory requirements.

4.4 The Council shall not be deemed to have accepted the Combined Heat and Power unit until it has had a reasonable time to inspect it following delivery, or, in the case of a latent defect in the Combined Heat and Power unit until a reasonable time after the latent defect has become apparent.

4.5 If the Combined Heat and Power unit delivered to the Council does not comply with clause 4.3 or is otherwise not in conformity with the terms of this Contract, then, without limiting any other right or remedy the Council may have, the Council may reject the Combined Heat and Power unit and require the Contractor to repair or replace the rejected Combined Heat and Power unit at the Contractor’s risk and expense within 5 days of being requested to do so or require the Contractor to repay the price of the rejected Combined Heat and Power unit in full (whether or not the Council has previously required the Contractor to repair or replace the rejected Combined Heat and Power unit) and claim damages for any


other costs expenses or losses resulting from the Contractor’s delivery of aCombined Heat and Power unit that is not in conformity with the terms of this agreement.

4.6 The Council’s rights and remedies under this Clause 4 are in addition to the rights and remedies available to it in respect of the statutory conditions relating to description, quality, fitness for purpose and correspondence with sample implied into this Contract by the Sale of Goods Act 1979

5 Visiting and Inspection of the Site

5.1 The Contractor shall be deemed to have visited the site and associated areas and satisfied itself as to the present conditions and the extent of the work involved in the Contract. No claim will be entertained on the basis of the condition of the site on the commencement date or any problem arising in carrying out the Works.

6 Liabilities of the Contractor

6.1 The Contractor shall indemnify the Council, its servants and agents from and against any liability, damage, costs, losses, claims, expenses, demands and proceedings whatsoever or howsoever arising in respect of any personal injury to or the death of any person and arising from any loss or damage to any property real or personal insofar as such injury death loss or damage arises as a result of the performance of non-performance of the Works by the Contractor its servants or agents or the use or the occupation by the Contractor or its servants or agents of the Council's premises. In the event that such loss or damage is caused to property real or personal of the Council the Contractor shall indemnify the Council from and against all costs and expenses reasonably incurred by the Council in the reinstatement of such property whether or not such reinstatement or replacement results in an improvement on or to the properties so lost or damaged.

6.2 The above indemnity shall not apply where such loss, damage, death or injury arising directly from a deliberate or negligent act or omission on the part of the Council its servants or agents.

7 Insurance

7.1 The Contractor undertakes to the Council and agrees to take out and maintain for the duration of this Contract adequate insurance cover (in the minimum sums detailed below) in relation to the provision of the Works pursuant to this Contract with a reputable insurance company and to produce upon the Council’s request a copy of the insurance policy or policies and each renewal or replacement thereof for inspection by the Council

7.2 In order to adequately protect the Council's interests in all respects with regard to its liabilities under clause 6 hereof, the Contractor shall provide and maintain the following minimum levels of insurance cover throughout the duration of the Contract:

(a) Employer's Liability Cover £5,000,000 (b) Public Liability Cover £10,000,000 (c) Product Liability Cover £5,000,000

7.3 These limits shall be in respect of any one occurrence or series of occurrences arising out of any one event, unlimited during the Contract Term. The Council shall reserve the right to review the requirements in respect of the amount of cover throughout the Contract.


7.4 The Contractor shall supply to the Council forthwith and upon each renewal date of any relevant policy a certificate from its brokers or insurers confirming that the Contractor's insurance policies comply with this clause and the Contractor shall supply to the Council on request copies of all insurance policies, cover notes, premium receipts and other documents necessary to establish compliance with this clause.

7.5 The Contractor shall not by so insuring (or in its absence) or otherwise be released from indemnifying the Council in accordance with clause 6 of this Contract.

7.6 The Contractor shall immediately notify the Council and the Contractor's insurers of any happening or event which may give rise to a claim, demand, proceeding, damage, cost or charge whatsoever arising out of the Contract and the Contractor shall indemnify the Council against any loss whatsoever which may be occasioned to the Council by the Contractor's failure to give such notification.

8 Bribery and Corruption

8.1 The Contractor:

(a) shall not, and shall procure that any person employed by it or who acts as an agent of the Contractor shall not in connection with this Contract commit a Prohibited Act; (b) warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Council, or that an agreement has been reached to that effect, in connection with the execution of this Contract, excluding any arrangement of which full details have been disclosed in writing to the Council before execution of this Contract.

8.2 The Contractor shall:

(a) if requested, provide the Council with any reasonable assistance, at the Council's reasonable cost, to enable the Council to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act; (b) The Contractor shall provide such supporting evidence of compliance as the Council may reasonably request.

8.3 The Contractor shall have an anti-bribery policy (which shall be disclosed to the Council) to prevent any Contractor Party or Contractor Personnel from committing a Prohibited Act and shall enforce it where appropriate.

8.4 If any breach of Condition 8.1 is suspected or known, the Contractor must notify the Council immediately.

8.5 If the Contractor notifies the Council that it suspects or knows that there may be a breach of Condition 8.1, the Contractor must respond promptly to the Council's enquiries, co-operate with any investigation, and allow the Council to audit books, records and any other relevant documentation. This obligation shall continue for six years following the expiry or termination of this Contract.

8.6 The Council may terminate this Contract by written notice with immediate effect if the Contractor or any person acting on its behalf (in all cases whether or not acting with the Contractor's knowledge) breaches Condition 8.1

8.7 Any notice of termination under Condition 8.6 must specify: (a) the nature of the Prohibited Act;


(b) the identity of the party whom the Council believes has committed the Prohibited Act; and (c) the date on which this Contract will terminate.

8.8 Any dispute relating to: (a) the interpretation of condition 8.1; or (b) the amount or value of any gift, consideration or commission,shall be determined by the Council and its decision shall be final and conclusive.

8.9 Any termination under condition 8.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Council.

9 Supervision by the Contractor

9.1 Notwithstanding the requirements of the Contract regarding attendance upon the site, the Contractor shall arrange for a competent person to have overall responsibility for the Contract ("the Contractor Representative") and shall inform the Supervising Officer in writing at the commencement of the Contract of the person so designated and immediately in the event of any change. The competent person shall be aware of all the provisions of these documents and shall be responsible for ensuring total compliance with them.

9.2 Time shall be included for the competent person not only to supervise the Contract as required but to liaise with the Supervising Officer or their representative when required to do so, and attend all such project meetings, etc relevant to the Works. If, in the opinion of the Supervising Officer, the Contractor Representative already appointed is not of the appropriate ability and status to perform this function, then the Contractor Representative shall be replaced at the Contractor's own expense. This replacement appointment shall be subject to approval of the Supervising Officer. Any subsequent removal and replacement may not take place (save by way of summary dismissal) without the Supervising Officer's prior written consent to the provision of suitable replacements. Such consent shall not be unreasonably withheld.

9.3 The Contractor shall at all times during the Term of the Contract assign to the Contract staff having sufficient skill and expertise for the proper performance of the Contract. In particular, the Contractor agrees:

(i) that where any staffing or skill levels have been agreed as part of the Contract those levels will be maintained;

(ii) that where any named staff have been agreed to be provided as part of the Organisation and Method of Working those staff will be assigned to work on this Contract;

(iii) that it has sufficient reserves of trained and competent staff within each skill level to complete the Contract to the level/standard required by the Contract at all times, including sufficient reserves to provide cover for staff holidays, staff sickness or any other absence;

(iv) that it will replace promptly any staff who are assigned to the Contract and who cease to be in its employment or under its control for whatever reason and that such replacements shall have the equivalent skill levels and shall in every way be suitable for the performance of the Contract.


9.4 The Contractor shall at all times during the term of the Contract employ enough persons of sufficient ability and status to supervise the performance of the Contract in a proper and continuous manner. If, in the opinion of the Supervising Officer, the Contractor is not employing sufficient staff or staff with the appropriate ability and status adequately to supervise the Contract, then the Contractor shall engage such additional supervisory staff as the Supervising Officer shall reasonably deem to be necessary, and the cost will be borne by the Contractor.

9.5 The Contractor agrees that, whilst allocated to the performance of any duty which comprises part of the Contract, all staff:

(i) shall maintain strict discipline and good order and shall not engage in behaviour or activities which could be contrary to or detrimental to the Council's interests;

(ii) shall be effective and efficient workers, competent in their particular profession or skill;

(iii) shall abide by the standards, rules and regulations established by the Contractor for its own staff, including completion of time recording requirements and all safety and other regulations;

(iv) shall be courteous and considerate at all times to those members of the public at the Council’s premises

9.6 The Council reserves the right to require removal from the Contract of any individual used by the Contractor who, in the opinion of the Supervising Officer:

(i) is not performing work in strict compliance with the Contract;

(ii) is or is deemed to be guilty of misconduct or negligence;

(iii) is acting in a manner which is detrimental to the Council's interests;

(iv) is not medically fit to perform the Contract or provides a risk to the health of those with whom that person may come into contact during work on the Contract;

(v) is not complying with the Council's policies for use of its premises, for example smoking in other than designated " SMOKING AREAS", inappropriate dress or language being used in the premises or lack of courtesy or consideration to members of the public.

9.7 Any such individual removed shall be replaced promptly with a properly qualified replacement, in such time as is acceptable to the Supervising Officer, and at no additional cost to the Council. The Council shall in no circumstances be liable to the Contractor in respect of any such removal or ensuing disciplinary action and the Contractor shall fully and promptly indemnify the Council against any claim made by such staff.

10 Health and Safety

10.1 The Contractor shall in performing the Works adopt safe methods of work in order to protect the health and safety of his own employees, the employees of the Council and of all other persons including members of the public and shall comply with the requirements of the health & Safety at Work etc Act 1974, the Management of Health & Safety Regulations 1992, the Control of Substances Hazardous to Health (COSHH) Regulations


1988 and 1994, the Road Traffic Act 1988, HSE guidance notes and approved Code of Practice and of any other Acts, Regulations, Orders or any European directive pertaining to the health and safety of persons and shall have regard to the Council's health and safety policy.

10.2 The Contractor shall, prior to the commencement date of this Contract, provide to the Council a written copy of its health and safety working procedures relating to the performance of the Contract.

10.3 The Contractor shall review his health and safety policy and safe working procedures as often as may be necessary and in the light of changing legislation or working practices and shall notify the Council in writing of any such revisions. The Council may require the Contractor to amend its health and safety policy and safe working procedures to comply with any change in legislation or working practices.

10.4 The Contractor shall advise the Council of the name, address and telephone number of the person within his organisation responsible for health and safety and welfare matters.

10.5 The Contractor shall be responsible for ensuring compliance (and that of any sub-Company) with aforementioned safety policies.

10.6 The Contractor shall be responsible for providing a full method statement and risk assessment to be approved by the Supervising Officer in writing, prior to any work commencing onsite.

11 Advertising

11.1 With the exception of the specific requirements of the Contract, the Contractor shall not, except with the written permission of the Supervising Officer, allow bill posting or advertising of any kind at Council premises, associated areas or upon the approaches thereto or vehicles therein or publish or advertise any photograph or printed matter or use the name of the Council or the Supervising Officer in connection with the Works or with the Contract.

12 Payment and Default Interest

12.1 The Prices will be paid in accordance with the Prices set out in the Pricing Schedule at Schedule 2, hereto.

12.2 The Council shall make payments to the Contractor which are linked strictly to the successful achievement of agreed milestones (eg completion of delivery, installation and commissioning of the CHP Unit) or to tangible progress on the Works to the reasonable satisfaction of the Supervising Officer. A payment profile shall be subject to agreement between the parties prior to commencement of the Works.

12.3 In the event that the payment profile agreed by the parties includes any requirement for the Council to release a payment to the Contractor which relates specifically to completion of the CHP unit prior to its delivery to the Council’s premises, such payment shall be protected by a performance bond provided by the Contractor at no additional cost to the Council.

12.4 Each invoice submitted by the Contractor shall contain the following information relating to the Works to which the invoice relates:


12.4.1 The details of the Works completed in accordance with the Specification during the period in question

12.5 All correct invoices will be paid by the Council within 30 days of receipt.

12.6 If the Council fails to pay any amount payable by it under this Contract, the Contractor shall be entitled but not obliged to charge the Council interest on the overdue amount from the due date up to the date of actual payment at the rate of two percent above the base rate for the time being of Lloyds TSB Bank plc.

12.7 The Council reserves the right to withhold all or part of any payment due hereunder if the Council is not for any reason satisfied with the Works to which the payment relates.

12.8 For the avoidance of doubt the Price shall include the following:

12.8.1 All labour managerial and supervisory duties, transportation, handling charge, profits and overhead charges; and

12.8.2 All tools, Equipment, Consumables, material products and other items required to perform the Services.

12.9 The Price set out in the Price Schedule shall remain fixed for an initial period of 12 months from the Agreement Start Date. Thereafter the Price may be subject to annual adjustment as set out below by mutual agreement based on the Contractor’s increased or decreased costs for providing the Services.

12.10 The Price may be revised in respect of labour, materials and other costs and overheads, but not in respect of profit margin.

12.11 In any event, any annual price increase pursuant to this Clause 12.8 shall not exceed any rise in the Consumer Prices Index All Items (D7 BT), as published by the Office for National Statistics, over the one year period preceding the date on which the application for Price variation is submitted.

13 Recovery of sums due

13.1 Wherever under this Contract any sum of money is recoverable from or payable by the Contractor that sum may be deducted from any sum then due or which at any later time may become due to the Contractor under this Contract or under any other agreement or contract with the Council

14 Assignment Sub-Contracting

14.1 The Council shall be entitled to assign the benefit of the Contract in whole only to a statutory or other public body or bodies or statutory succession body or bodies and shall given written notice of any assignment to the Contractor.

14.2 The Contractor shall be prohibited from transferring or assigning directly or indirectly, to any person or persons whatever, any portion of this Contract, without written permission given on behalf of the Council by the Supervising Officer concerned; save that any internal reconstruction of the Contractor who is a limited company shall be deemed not to be in breach of this Clause.


14.3 The Contractor shall be responsible for the observance of this clause by any agreed subcontractors employed in the execution of this Contract.

14.4 The Contractor shall not sub-let all or any part of the Contract without the prior written consent of the Council.

14.5 In the event that the written consent of the Council is given to the Contractor to sub-let all or any part of the services to be provided pursuant to the Contract then notwithstanding the fact that all or part of the Services have been sub-contracted to a Sub-Contractor by the Contractor the Contractor shall nonetheless continue to remain liable for those services at all times in accordance with the provisions of the Contract.

15 Agency

15.1 Neither the Contractor nor its employees or agents shall in any circumstances hold itself or themselves out as being the servants or agents of the Council, otherwise in circumstances expressly permitted by these Conditions.

15.2 The Contractor is not and shall in no circumstances hold themselves out as being authorised to enter into any contract on behalf of the Council or in no way to bind the Council as to the performance, variation, release or discharge of any obligation.

15.3 The Contractor has not and shall in no circumstances hold themselves out as having the power to make, vary, discharge or waive any byelaw or regulation of any kind.

15.4 The Contractor shall at all times during the term of the Contract use its reasonable endeavours to ensure that members of the public comply at all times with all byelaws made by the Council or any predecessor authority pertaining to the locations or any one of them.

16 Delegation

16.1 The Supervising Officer may delegate any of his powers under the Contract to another person providing such delegation is notified to the Contractor in writing.

17 Emergencies and Civil Defence

17.1 Not used

18 Default

Should the Contractor fail to deliver the Works or any proportion thereof in accordance with the Programme in this Contract the Council shall be at liberty without prejudice to any other remedy for breach of contract to determine this Contract either wholly or to the extent of such default and to purchase Works of the same or of similar description to make good

(i) such default or

(ii) in the event of the Contract being wholly determined the Works remaining be delivered

The cost of purchasing such Works, so far as they exceed the amount which would have been payable to the Contractor for them if they had been delivered in accordance with the Contract shall be recoverable from the Contractor


19 Forbearance

19.1 No forbearance indulgence or relaxation on the part of the Council or the Supervising Officer shown or granted to the Contractor in respect of their obligations under the Contract shall in any way effect restrict or diminish the rights and powers of the Council or the Supervising Officer under the Contract or operate as, or be deemed, a waiver of any breach of the Contract by the Contractor.

20 Termination

20.1 The Council shall without prejudice to any of its remedies under the Contract and without prejudice to any of its rights of action which shall accrue or shall have already accrued to the Council be entitled either forthwith or within three months of the happening of any of the following:

20.1.1 The Contractor committing a material breach of any of its obligations under the Contract;

20.1.2 The Contractor suspending payment to or convening or holding a meeting of creditors or committing an act of bankruptcy or (being a company) has a receiver appointed pursuant to the Insolvency Act 1986 or goes into liquidation (other than for the purpose of amalgamation or reconstruction) or making any arrangement with its creditors or any arrangements for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of its property or any judgment against it shall remain unsatisfied for more than fourteen days; or

20.1.3 There being a change in control of the Contractor or (where the Contractor is a subsidiary company) its ultimate holding company; or

20.1.4 The Contractor having failed to remedy breaches of this Contract pursuant to clause 18.6;

20.1.5 The Contractor being in breach of Clause 8 (Bribery and Corruption);

20.1.6 The Contractor being in breach of Clause 27 (Confidential Information);

to do any of the following:

20.1.7 Suspend payment of any monies due to the Contractor:

20.1.8 Retain any payment due to the Contractor howsoever arising from the Council;

20.1.9 Without determining the whole of the Contract determine the Contract in respect of part or parts of the services by notice in writing having immediate effect (whereupon a corresponding reduction in the payment to be made to the Contractor);

20.1.10 Terminate the Contractor's employment under the Contract by notice in writing having immediate effect.

20.2 If the employment of the Contractor is terminated in accordance with this Clause the Council shall:

20.2.1 Cease to be under any obligation to pay any monies to the Contractor until or unless the total costs and expenses (including any loss of interest) have been quantified by the Contractor and certified by the Council in accordance with Clause 20.2.3 and after


deducting such costs and expenses from monies due to the Contractor up to the date of termination if the calculation shows a sum due to the Contractor;

20.2.2 Be entitled to recover from the Contractor its costs and expenses (including without limitation administration costs) arising from such termination either:

(i) by deduction from any sum which would (but for the Council ceasing to be under an obligation to make further payments) have been due to the Contractor from the Council under the Contract or other contract;

(ii) as a debt.

The rights of the Council under this Clause 20 are in addition and without prejudice to any other right the Council may have to claim the amount of any loss or damage suffered by the Council on account of the acts or omissions or failures of the Contractor.

20.2.3 Within 14 days of the date of termination of the Contract in accordance with this clause the Contractor shall supply the Council with a final statement showing the amounts that the Contractor considers itself entitled up to the date of termination of the Contract having taken into account any monies due to the Council pursuant to this Contract. Within 14 days of receipt of the statement the Supervising Officer shall certify the statement or shall certify upon it the amount which in his opinion is due to the Contractor. Such sum, if any, shall be paid by the Council within 28 days from the date of such certification.

20.3 If the Council:

20.3.1 Fails to pay the amount properly due to the Contractor or pay any VAT due on that amount;

20.3.2 Interferes (or any person for whom the Council is responsible interferes) with or obstructs the performance of the Contract;

the Contractor may give notice to the Council specifying the default and requiring it to be ended. If the default is not ended within 28 days of receipt of the notice the Contractor may by further notice to the Council terminate the Contract. Such termination shall take effect on the date of receipt of the further notice. A notice of termination under this clause shall not be given unreasonably or vexatiously.

20.4 Upon termination of the Contract by the Contractor the Contractor shall prepare a final statement showing the amount that the Contractor considers itself entitled to up to the date of termination of the Contract and including any direct loss and/or damage caused to the Contractor by the termination.

20.5 After taking into account amounts previously paid or otherwise discharged to the Contractor under the Contract so far as it relates to the matters referred to in the Contractor's final statement the Council shall pay to the Contractor the sum due in respect of the statement within 28 days of its submission by the Contractor.

20.6 The provisions of this clause are without prejudice to any other rights and remedies which the Contractor may possess.

21 Human Rights


21.1 The Contractor confirms that he will perform his obligations pursuant to the Contract in all respects in conformance with the Human Rights Act 1998

21.2 The Contractor hereby indemnifies the Council from and against all losses costs expenses liabilities damages and claims arising from the failure of the Contractor his servants or agents to duly perform his obligations pursuant to sub condition 21.1 above and arising further from any act or omission of the Contractor his servants or agents in respect of the non performance of the said obligations

21.3 The Contractor ensures the compliance of any sub contractor of his in the performance of the Contract with the provisions of this condition and shall indemnify the Council accordingly in respect of any breach of the same by the sub contractor

22 Equal Opportunities

22.1 The Contractor shall ensure that its Terms and Conditions of Employment and its policies and procedures relating to employment comply with all current legislation other legal requirements and codes of practice published by all relevant recognised bodies including but not limited to:

ACASThe Equalities and Human Rights CommissionThe Department of Communities and Local GovernmentThe Department for Business, Enterprise and Regulatory Reform

and shall upon request furnish the Council with such evidence of compliance with the same as the Council shall specify and require

22.2 The Contractor shall not discriminate or permit any employee or agent of the Contractor to discriminate in any way against any person on the basis of race gender disability age religion belief or sexual orientation or in any other way prohibited by law and shall comply at all times at its own expense with any requirements made by the Council to be observed by contractors in its policies to promote equality and diversity.

22.3 The Contractor shall comply with the Council’s policies made pursuant to the Equality Act 2010 and for the promotion of equality and diversity published from time to time and shall if required to do so produce evidence satisfactory to the Council that the performance of the contract is consistent with and in accordance with those policies

22.4 The Contractor shall be able to demonstrate that where appropriate (bearing in mind the nature of the Goods or Services to be provided) that those Goods or Services are accessible and delivered in a way that is appropriate to meet the needs of those people that the Goods or Services are intended to benefit

22.5 If required by the Council the Contractor shall prepare and monitor a plan to deliver fair and equal access to the Goods or Services to ensure delivery of the Goods or Services in accordance with condition 22.4 above and shall make this plan available to the Council upon request. The Contractor shall make such reasonable changes to his plan as may reasonably be required by the Council to ensure compliance with condition 22.4 above. Where relevant to the contract and as agreed between the contractor and the Council, the Contractor shall also be expected to monitor the representation within its workforce and provide the Council with a breakdown of job applicants and workforce on the basis of race gender disability age religion or belief


22.6 The Contractor shall ensure that its staff are properly trained in respect of the matters detailed in this clause to ensure compliance with the Contractor’s duties relating to equality and diversity and fair access in the Contract

23 Dispute Resolution

23.1 In the event of any dispute or difference arising between the parties in connection with the Contract, the Council’s Supervising Officer and the Managing Director of the Contractor shall, within 10 days of a written request from either party to the other addressed to the said Supervising Officer and the said Managing Director, meet in good faith in an effort to resolve the dispute without recourse to legal proceedings.

23.2 If the dispute of difference is not resolved as a result of such meeting, either party may (at such meeting or within 14 days from its conclusion) propose to the other in writing that structured negotiations be entered into with the assistance of a neutral adviser or mediator (“Neutral Advisor”).

23.3 If the parties are unable to agree on a Neutral Adviser or if the Neutral Adviser agreed upon is unable or unwilling to act, either party shall within fourteen days from the date of the proposal to appoint a Neutral Adviser or within fourteen days of notice to either party that he or she is unable or unwilling to act, apply to the Centre for Dispute Resolution (“CEDR”) to appoint a Neutral Adviser.

23.4 The parties shall within 14 days of the appointment of the Neutral Adviser meet with him/her in order to agree a programme for the exchange of any relevant information and the structure to be adopted for the negotiations. If considered appropriate, the parties may at any stage seek assistance from CEDR to provide guidance on a suitable procedure.

23.5 Unless conducted with a written legally binding agreement all negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings.

23.6 If the parties accept the Neutral Adviser’s recommendations or otherwise reach agreement on the resolution of the dispute, such agreement shall be reduced to writing and, once it is signed by their duly authorised representatives, shall be binding on the parties.

23.7 Failing agreement, either of the parties may invite the Neutral Adviser to provide a nonbinding but informative opinion in writing. Such opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings commenced pursuant to the terms of this Agreement without the prior written consent of both parties.

23.8 If the parties fail to reach agreement in the structured negotiations within 60 days of the Neutral Adviser being appointed then any dispute or difference between them may be referred to the Courts unless within such period the parties agree to refer the matter to arbitration before an arbitrator whose method of appointment is agreed between them.

24 Data Protection Act

24.1 The Contractor shall comply in all respects with the provisions of the Data Protection Act 1998 (“the Act”) (and subsequent and subordinate legislation) and will indemnify the Council against all actions costs expenses claims proceedings and demands which may be made or brought against the Council for breach of statutory duty under the Act which arises from the use disclosure or transfer of personal data by the Contractor and their servants and agents


25 No Rights of Third Parties

25.1 Save as otherwise provided in this agreement, the parties hereby declare that no term of the Contract is intended by the parties to confer a benefit on any third party (as defined by the Contracts (Rights of Third Parties) Act 1999) nor is intended to be enforceable by any third party. The provisions of the said Act are hereby excluded.

26 Survival of Rights

26.1 Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of the Contract and the termination of the Contract shall not effect or prejudice such rights and remedies and each party shall be and remain liable to perform all outstanding liabilities under the Contract notwithstanding that the other may have exercised one or more of the rights and remedies against it.

27 Confidential Information

27.1 For the purpose of this clause 27 “Confidential Information” means all information (whether commercial, financial, technical, personal or otherwise) relating to the disclosing party its sub-contractors other customers and suppliers disclosed to or otherwise obtained by the recipient party under or in connection with this Contract which is designated as being confidential or which is by its nature clearly confidential.

27.2 Each party undertakes in respect of Confidential Information which it is the recipient:

27.2.1 To treat such information as confidential;

27.2.2 Not without the disclosing parties proper written consent to communicate or disclose any part of such information to any person except:

27.2.2.1 only to those employees agents sub-contractors and other suppliers on a need to know basis who are directly involved in this Contract;

27.2.2.2 the recipients auditors professional advisers and any other persons or bodies having a legal right or duty to have access to knowledge of the Confidential Information in connection with the business of the recipient;

27.2.2.3 to ensure that all persons and bodies mentioned in clause 27.2.2 are made aware prior to disclosure of the confidential nature of the Confidential Information and that they owe a duty of confidence to the disclosing party and to use all reasonable endeavours to ensure that such persons and bodies comply with the provisions of this clause 27;

27.2.2.4 not to use or circulate such information within its own organisation except to the extent necessary for the purposes of this Contract.

27.3 The obligations in clause 27 will not apply to the Confidential Information:

27.3.1 In the recipient’s possession (with full right to disclose) before receiving it; or

27.3.2 Which is or becomes public knowledge other than by breach of this clause; or

27.3.3 Independently developed by the recipient without access to or use of the Confidential Information; or


27.3.4 Lawfully received from a third party (with full right to disclosure).

27.4 The Contractor shall indemnify the Council from and against all claims, losses, expenses, damages and costs arising from the breach of this clause 27 by the Contractor its servants, agents and sub-contractors.

27.5 This clause 27 will continue in force notwithstanding the termination of this Contract for any reason.

28 Notices

28.1 No notice to be served upon the Council shall be valid or effective unless it is addressed to the Supervising Officer and sent by prepaid post or delivered by hand to the Council at Time Square, Market Street, Bracknell, Berkshire, RG12 1JD or to such other address as the Supervising Officer may notify to the Contractor in writing.

28.2 Any notice to be served upon the Contractor shall be valid and effective if it is sent by prepaid post or delivered by hand to the registered office, principal place of business or to the premises referred to in the Tender Documents or is delivered by hand to a director, proprietor, the Contract Manager or other responsible representative of the Contractor.

29 Freedom of Information

29.1 The Contractor recognises that the Council is subject to legal duties which may require the release of information under FOIA or the Environmental Information Regulations 1992 or any other applicable legislation or codes governing access to information and that the Council may be under an obligation to provide information on request. Such information may include matters relating to, arising out of or under this Contract in any way.

29.2 Notwithstanding anything in this Contract to the contrary, in the event that the Council receives a request for information under the FOΙA or any other applicable legislation governing access to information, the Council shall be entitled to disclose all information and documentation (in whatever form) as necessary to respond to that request in accordance with the FOΙA or other applicable legislation governing access to information, save that in relation to any such information that is Exempted Information, the Council shall not:

(a) confirm or deny that the information in question is held by the Council; or

(b) disclose the information requested

to the extent that in the Council’s opinion (having taken into account the views of the Contractor) that exemption is or may be applicable in accordance with the relevant section of the FOΙA in the circumstances.

29.3 In the event that the Council is required by the Information Commissioner to release Exempted Information (following non disclosure pursuant to clause 29.2 the Council shall be entitled to disclose the information requested.

29.4 In the event that the Council incurs any costs, including but not limited to external legal costs, in seeking to maintain the withholding of the information, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure, the Contractor shall indemnify the Council.


29.5 In any event the Council shall not be liable for any loss, damage, harm or other detriment however caused arising from the disclosure of any Exempted Information or other information relating to this Contract under FOΙA or other applicable legislation governing access to information.

29.6 The Contractor will assist the Council to enable the Council to comply with its obligations under FOΙA or other applicable legislation governing access to information. In particular it acknowledges that the Council is entitled to any and all information relating to the performance of this Contract or arising in the course of performing this Contract. In the event that the Council receives a request for information under the FOΙA or any other applicable legislation governing access to information, and requires the Contractor’s assistance in obtaining the information that is the subject of such request or otherwise, the Contractor will respond to any such request for assistance from the Council at its own cost and promptly and in any event within 10 days of receiving the Council’s request.

29.7 The provisions of this clause shall not be deemed to fetter the discretion of the Council as a public body.

29.8 In this clause the term “Exempted Information” means:

(1) Information (including the provisions of the Contract) detailing the price or prices to be paid by the Council to the Contractor pursuant to the Contract

(2) CVs of individuals provided as part of the procurement process

(3) Information relating to the Contractor’s performance of the Contract

(4) Information referred to in these paragraphs 29 h (1) to (3) shall cease to be Exempt Information 3 years from the date of termination of this Contract

30 Severability

30.1 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention.

31 Property & Risk

31.1 The property in Combined Heat & Power unit equipment supplied by the Contractor under the Contract shall pass to the Council upon delivery and the Contractor shall take any steps required to assign its common law and statutory rights in respect of that equipment (and any associated manufacturers guarantee and support arrangements) to the Council but without prejudice to the Council’s right to reject the equipment and all other rights the Council may have under the Contract in relation to the equipment. Risk of loss, damage to or deterioration of the equipment shall be borne by the Contractor until the equipment has been accepted in accordance with the Contract and, if required by the Council, installed, commissioned and/ or passed its acceptance tests, whichever is the later.

32 Quality Standards


32.1 The Combined Heat & Power Unit supplied or to be supplied under this Contract shall comply in all respects with the relevant requirements of all and any Statutes, Orders, Bye-Laws, Notices and Regulations from time to time in force about which the Contractor is or should have been aware and where an EN or ISO or British Standard equivalent or British Standard Code of Practice issued by the British Standards Institution is in force shall conform to that Standard, as a minimum.

32.2 Where a sample has been produced and approved by the Supervising Officer any such item supplied or to be supplied under this Contract shall be equal in every respect to such sample.

32.3 All and any items comprising the Combined Heat and Power Unit and the Works shall be free from defect and conform in all respects with the particulars specified in the Specification.

32.4 In the absence of any established standard the Combined Heat and Power Unit and the Works shall conform to the best industry standards and codes of practice.

33 Inspection Rejection Acceptance and Guarantee

33.1 The Contractor shall be required to confirm with the Supervising Officer the proposed Arrangements for installation, commissioning and acceptance testing of the Combined Heat & Power Unit, allowing the opportunity for Council officers to participate.

33.2 In the event that, following inspection or acceptance testing, the Combined Heat & Power Unit fails to meet the requirements of the Contract, the Council may reject the equipment and the Contractor shall, within a reasonable time, take appropriate remedial action, at no additional cost to the Council, ensuring the required levels of performance are achieved.

33.3 The guarantee period applicable to the Combined Heat & Power unit equipment and the terms of such guarantee shall be as detailed in the Contract

34 Additional Conditions of Contract and General Specifications Governing Building, Mechanical and Electrical Works

34.1 All building, mechanical and electrical requirements carried out as part of the Works shall also be subject to the terms and conditions set out in the Additional Conditions of Contract at Part 2 of these Conditions of Contract and to the

general mechanical and electrical specifications at Appendix B.

35 Jurisdiction

35.1 The Contract shall be considered as a contract made in England and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales

35.2 The parties irrevocably agree that subject to Clause 23 (Dispute Resolution) the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter.

PART 2 – ADDITIONAL CONDITIONS OF CONTRACT The following Additional Conditions of Contract shall also apply in respect of all building, mechanical and electrical requirements carried out as part of the Works


A1 Site accommodation and storage

The Contractor shall be designated an area on the site to provide all necessary site huts, w.c.'s mess accommodation and storage facilities. If used this area must be made secure by the use of adequate fencing and gates.

Upon completion of the works the Contractor is to remove all temporary buildings, services, compounds, and all surplus material, reinstate surfaces including re-turfing adjacent ground as required and leave the site clean and tidy on completion all to the satisfaction of the Supervising Officer.

A2 Materials, Plant, Workmanship etc

The Contractor shall provide and maintain all materials, labour, plant, tools, scaffolding, hoists etc for the complete Works.

Upon completion of the Works the Contractor shall remove all such things, reinstate surfaces whether natural or man made, to the condition before the start of work to the satisfaction of the Supervising Officer.

All materials and workmanship unless otherwise specified, shall be the best quality suitable for the purpose and any materials or workmanship which are judged by the Supervising Officer not to be so, or which are not in accordance with the specification shall be removed (if necessary) and reinstated at the contractor's expense.

All work shall be in accordance with good building practice; workmanship and materials are to comply with the appropriate British Standard or equivalent national or governmental standard of any member state of the European Union.

A3 Clearing Site

During the progress of the work the site shall be kept tidy and any mess or rubbish shall be cleared without delay and is not to be allowed to accumulate. On completion of the work all surplus materials and rubbish shall be removed. The rubbish to a refuse disposal tip

All waste, whenever removed from site to a disposal tip, shall be disposed of in compliance with the Environmental Protection Act and the Control of Pollution (Amendment) Act 1989.

A4 Materials on Site

These must be in accordance with the materials specified to be used, unless written permission is given to change an item. Non specified material is not to be taken on site

A5 Supervision

The Contractor shall at all times when the work is in progress keep upon the site a competent person in charge. The person's name shall be forwarded to Supervising Officer in writing before work begins on site and any change shall be notified to the Supervising Officer in writing before it takes place. The competent person shall be aware of all the provisions of the specifications, tender documents and the Construction (Design and Management) Regulations 2007 and shall be responsible for ensuring total compliance with them. He/ she shall be responsible for the conduct of


all those employed on the work. He/ she shall ensure that each work site is kept tidy as work proceeds

Time shall be included for the competent person to supervise the contract properly as required, and to liaise with the Supervising Officer or his representative when required to do so. A programme of Works shall agreed with the Supervising Officer.

A6 Programme

Prior to the commencement of the Works the Contractor shall submit to the Supervising Officer two copies of a detailed programme for the whole of the Works. Such programme shall set forth clearly and explicitly the sequence of all operations and the time limits within which it is proposed that each operation shall be commenced and completed

A7 Communication

The Contractor shall provide a telephone number, for use by the Supervising Officer or their representative, to allow contact outside normal working hours, during weekends and bank holidays in the event of an emergency affecting the site.

Defects which occur outside normal working hours, during weekends and bank holidays and which cannot await the next available working day for rectification may be dealt with through the Council's emergency repair service in which case the cost shall be recharged to the Contractor. Alternatively the Contractor may elect to provide an out of hours service in which case it must notify the Supervising Officer at the commencement of the Contract.

A8 Protection of Existing Structures Gardens etc

The Contractor shall provide all necessary precautions and take all necessary care to prevent damage to the existing buildings, installation, boundary walls and fences, roads, pavings, footpaths, kerbs, gates, trees, grass, gardens, planting, drains etc both on and adjacent to the site. Any damage that does occur must be reported immediately to the Supervising Officer who shall have the authority to require the Contractor to make good any such damage at no cost to the Council.

The Contractor shall be responsible for drawing the Supervising Officer's attention to any outward sign of damage, defects or deterioration prior to the commencement of the Works

A9 Dismissal of Workmen

The Contractor shall cease to employ, on these Works, any workman or foreman who in the opinion of the Supervising Officer is incompetent or negligent or guilty of improper conduct

A10 Advertising & Copyright

The Contractor shall not, except with the written permission of the Council, allow bill posting, or advertising of any kind upon the work or upon the approaches thereto, or publish or advertise any photograph or printed matter or use the name of the Council or the Supervising Officer in connection with the work or with the Contract

A11 PC and Contingency Items and Sums and Provisional Items and Sums


PC and contingency items and sums where they have been included in this tender are for the use only at the direction and discretion of the Supervising Officer and if not used either wholly or in part shall, as to the amount not used, be deducted from the contract price

The existence of such items and sums or of Provisional Items or sums is no guarantee as to their actual use in whole or in part

A12 Safety, Health and Welfare

The Contractor shall take all necessary steps to provide and maintain safe working conditions for all workpeople on site, including those employed by sub-contractors and professional advisers. All safety precautions to comply with Health & Safety at Work Act 1974 and current legislation and as per good practice.

The Contractor shall provide adequate storage for all hazardous materials and the setting aside of work space for hazardous tasks. When hazardous tasks are being carried out, the Contractor shall provide all necessary protective clothing, equipment, barriers, notices etc., and shall ensure that all persons not involved are kept well clear.

Where Works are to be carried out in or adjacent to occupied parts of the building, the Contractor shall agree a safe method of working with the Supervising Officer before commencing work.

The Contractor shall provide all barriers and warning notices required for that purpose and shall make effective arrangements for the occupant or person in charge to consult and communicate with the Contractor throughout the duration of the Works, on the effects and nature of such precautions.

The Contractor shall exercise care when entering and leaving the Site, and shall take all adequate precautions to safeguard the occupants and general public from injury by reasons of his use of the Site.

No asbestos, asbestos based products or lead based paints are to be brought on site or used in, or in connection with the Works.

A13 Council’s Safety Policies

Without prejudice to the Contractor’s general obligations to ensure compliance with all statutory requirements relating to health and safety, the Contractor shall in particular observe and comply with:

a. Any specific condition, warning or direction given by Supervising Officer on any matter relating to health and safety.

b. The relevant provisions of any Council’s Safety Policy applicable to operations of the type in question when undertaken by the Council’s employees.

c. Any method statement agreed with the Contractor before the work begins identifying the safety precautions to be taken.

A14 Working Hours

Work shall be carried out from Monday to Friday inclusive between the hours of 8.00 am and 6.00 pm. Work shall only be carried out at other times and/or on other days with the express approval of the Supervising Officer.


A15 Noise Control

The Contractor should comply with BS 5228 Parts 1 and 2: 1984. Radios shall not be used in occupied premises or adjacent to occupied buildings or in other circumstances where nuisance will be caused

A16 Fire Precautions

The Contractor shall take all reasonable precautions to prevent loss or damage by fire

A17 Provision of Water

The Contractor may make use of existing sources of water from within the premises.

A18 Provision of Electricity

The Contractor may make reasonable use of electricity from existing points within the premises.

A19 Provision of Gas

Gas required for the testing of gas installations shall be available free of charge to the Contractor.

A20 Lighting and Power

The Council shall, as necessary, provide adequate artificial light to ensure that normal working hours may be worked on site. He shall provide and maintain in a safe manner all cabling, transformers and other equipment required to provide electricity about the site

A21 Protection of the Works

Newly installed, fitted, fixed, or bedded materials shall be properly protected from damage and weather (if appropriate) such that they are as new upon handover

A22 Drying out

The Works shall be dried out as necessary to allow proper progress and satisfactory completion

A23 Cleaning of the Works

All splashes, marks, stains, temporary coverings and similar shall be properly removed upon completion

A24 Finance (No 2) Act 1975 – Statutory Tax Deduction Scheme

For the purposes of this Contract the Council is designated a "Contractor" under the Act, hence the appointed Contractor is designated a "Sub-Contractor" and he must therefore deliver to the Council the necessary Tax Exemption Certificates to allow for payments to be made without deductions

The Contractor shall be entirely responsible for complying with the requirements of the Act in respect of any sub-contractor used by him

A25 Day Works


No Works shall be carried out on a daywork basis unless specifically authorised by the Supervising Officer.

A26 Security

The main Contractor is responsible for the conduct of his employees and any sub-contractors(s). All operatives working in occupied premises or as otherwise instructed by the Supervising Officer will carry a means of identification at all times.

A27 The Construction (Design and Management) Regulations 2007

These regulations, in regulation 20 require the clients appointed CDM Co-ordinator to identify and collect the pre-construction information and provide it in a convenient form to the principal contractor and others

It is considered that sufficient information is included in the tender documentation to satisfy the requirements of Regulation 20.

The pre-construction information is attached as an Appendix to these documents and forms part of the Tender Documentation.

The clients CDM Co-ordinator is responsible for preparing a Health and Safety File. During the work, the Principal Contractor shall provide the CDM Co-ordinator with all of the information required to ensure that a health and safety file is prepared by practical completion of the work.

The Health and Safety File shall include the following information:

a) As ‘installed’ drawings of all plumbing installations including hot and cold water, gas and heating systems

b) Certification of the testing of the gas installation by an installer registered with the Gas Safe Register

c) All relevant user guides, guarantees and maintenance instructions together with set of working instructions for the specific system as installed

d) In liaison with Supervising Officer, copies of all electrical drawings marked in red to indicate any changes or, if no changes, the drawing shall be signed to that effect

e) A copy of the Electrical Test Certificates f) In liaison with the Supervising Officer, a set of “as built” construction drawings which

related to the building. g) A drawing illustrating the actual position of external service routes in the vicinity of the

building. h) Names and addresses of suppliers of specialist equipment, all materials and surface

finishes, etc. together with appropriate Health and Safety data sheets. i) Maintenance and cleaning requirements of all components and finishes. j) In liaison with the Supervising Officer, a copy of the Planning Permission, Building

Regulation Completion Certificate and all Warrantee and Guarantee documents.

These requirements shall be in addition to Operating and Maintenance Manuals and shall be submitted in draft form for prior approval.

A28 Asbestos

Where asbestos is discovered or suspected, the Contractor shall stop work immediately, cordon off and prevent access to the area and notify the Supervising Officer.


A29 Maintenance of Public and Access Roads

Not used

A30 Existing Mains and Services

The Contractor shall maintain during the progress of the Works, the existing drainage system, water, gas, sewers, electric and other services and is to make arrangements for their continuance and take all necessary steps to protect and prevent damage to them. Should any mains, service ducts or lines be found in the way of new Works, or require any attention, the Contractor shall seek instructions from the Supervising Officer.

Where it is necessary to interrupt any mains or services for the purpose of making either temporary or permanent connections or disconnections, prior written permission shall be obtained from the Supervising Officer and where appropriate from the local authority or public undertaking and the duration of any interruption kept to a minimum.

A31 Damage

The Contractor shall exercise great care at all times to prevent damage to the building structure, fittings and fixtures, furniture, equipment, finishes or the like and shall make good any damage caused by him at its own expense. In this connection all carpets, desks and other furniture or equipment including telephones in the vicinity of the work shall be covered by the Contractor with protective dust sheets or the like prior to any work commencing. Where it is necessary to use any naked flame or welding equipment in execution of the Works and where combustible materials are in use, adequate protection shall be given to the other adjacent materials and personnel. Suitable fire extinguishers shall be provided and readily available at the position where such work is proceeding.

The Contractor shall maintain the designed escape routes and exit doors within any building clear of any materials and plant at all times. The Contractor shall consult the person in charge of the premises in respect of precautions which should be taken for the safety of other occupants prior to commencement and whilst work is in progress.

A32 Working Space

Take reasonable precautions to prevent workmen, including those employed by sub contractors, from trespassing on any part of the premises which are not affected by the Works.

The Contractor shall confide his operations to the minimum area required for the execution of the Works.

A33 Occupied Areas of the Building

Where Works are carried out in occupied areas of the building the Contractor shall take all reasonable care to avoid damaging the property or contents and shall make good all damage which arises from the Works.

Under no circumstances, will the Contractor be permitted to use ladders, steps, equipment, furniture or any other articles belonging to the premises or its occupants in the execution of the Works.

The Contractor shall ensure that materials, plant and equipment etc, are not left in locations which may endanger or expose to risk the premises, its contents or occupants.


The Contractor shall not leave steps, ladders or other plant accessible for unauthorised persons to enter the site or the premises.

Where Works are carried out in occupied areas of the building, the Contractor shall take all necessary precautions to minimise inconvenience to occupants in respect of noise, dust, fumes or other forms of disturbance including the provision of adequate barriers or screens. The Contractor shall report to the person in charge of the premises before starting work. The person in charge will advise on the daily routine of the premises and any special requirements or features which may impede or interfere with the execution of the Works. The Contractor shall obey the instructions of the person in charge of the premises in respect of vehicular movements, delivery of materials, access and escape routes, health and safety and response to fire or other emergency.


_____________________ ORGANISATION NAME: RESTRICTED

Supply, Installation & DATE: _________________ Maintenance of 2 x CHP

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Appendix B – Specification

The contractor should allow for providing a full turn key installation including

1) Installation of new Combined Heat & Power Units (CHP) with Primary Heat recovery plus associated control panels and auxiliaries.

2) Removal and disposal of existing CHP units from site

3) All inclusive comprehensive maintenance and monitoring of unit to the required service period (5 /15 years)

1.0 CHP Requirements

The existing CHP units at Bracknell Leisure and Coral Reef should be replaced by two packaged fully modulating, aspirated 130-150Kwe (maximum) electrically rated output CHP units with no heat dump. The CHP units should be frame mounted, completed with heat recovery system, mains monitoring equipment (G59/2, power control panel with synchronising breaker.

The supplier should utilise existing CHP secondary pipe work where possible but allow for modification to suit new units.

Both units must be provided with new:

a) supply air intake fans b) air inlet and outlet attenuators to CHP canopy c) gate isolation valves at CHP inlet/outlet to LTHW connection d) A double regulating valve with test points in CHP circulation pioework e) 3 phase water pumps with isolating switch. Pumps to be manufactured by either Wilo

or Grundfos f) mesh 40-micron Y-type strainer g) Exhaust reactive and absorption type stainless steel silencers h) New or part exhaust system as detailed below and in specific site requirements and

associated condensate removal pipe work i) New bird mesh grills fitted exhaust termination points j) Ventilation lovers and associated bird mesh grills k) CHP pipe work insulation l) New cold water make up connections

2.0 Exhaust and Condensate Pipe work

The exhaust system must be installed to conform to Institute of Gas Engineers and Managers IGE/UP/3 Code of Practice. A back pressure calculation should be carried out to ensure maximum rating back pressure is not exceeded.




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The exhaust system should be constructed from good quality stainless steel AISI 304 or equivalent, flanged / and or welded. Within the plant room exhaust pipe work should be insulated to BS requirements.

Individual pipes from each exhaust pipe/silencer drain point to condensate trap should be installed to prevent exhaust gases passing through pipe.

3.0 Maximum Noise Requirements:

65dBa at 1m from unit:

a) Canopy (Bracknell Leisure Centre only)b) Inlet & Outlet attenuators including supply fanC) Exhaust gas silencers absorption and resonance

4.0 Meters

Supplier should allow for providing:

1 x STARK Electricity Generation meter with Set of Current Transformers /voltage referencewhere CHP connects to main switch gear in Electricity Switch room/local to the CHP unititself.1x CHP OFGEM approved Gas sub meter(m3)-a volumetric meter(corrected for temperature& pressure) with chatter box located adjacent to CHP unit with associated STARK gaslogger.1x Heat meter with visual reading display, with VFC and associated flow and return sensorslocated adjacent to CHP plus 1 x STARK Heat logger.1-Independent Hours Run meter used for checking CHP run hours with pulsed output.All to be connected to CHP control panel.

All wiring to meters VFC/pulsed contacts from CHP control panel to be protected bygalvanised steel trunking

For provision of the Electricity meters along with gas and heat logger and associatedcommissioning, supplier should contact STARK tel: 01293 776747

All meters should be located no greater than 3m from floor level to allow visual reading.

5.0 Gas Supply

1. The current gas supply pipe work to the CHP units should be altered to ensure on both sites that the gas sub-meters mounting height complies with above. The gas supply work should only be carried out by gas safe registered personnel only and should be sized and installed in accordance with IGE/UP/3.

2. A new isolation valve & Gas flexible connector local to the CHP is to be installed as part of the installation works.




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6.0 TREND Control Systems Interface

Supplied CHP unit should be provided with a MODbus RTU connectivity for TREND BMS integration and accept Digital inputs to allow the following points to be monitored /controlled by the site BMS. Final connections to the BMS should carried by others.

Description From: To: Duty/Voltage Comments BMS –enable signal-Digital Input

BMS outstation

CHP control panel

24dc Site can adjust CHP operation times and switch unit on/off unit via BMS

BMS digital CHP control BMS Inputs can be status panel outstation seen and monitoring: monitored via CHP stop /start BMS CHP running CHP trip CHP flow temp CHP return temp Circulating pump status BMS analogue Site can monitoring: monitor how CHP thermal CHP is output 0-100% CHP Control BMS 0-10v dc performing and

Panel Outstation can modify CHP electrical boiler plant output 0-100% settings to suit

CHP load.

BMS metering CHP Control BMS Site can view monitoring: Panel outstation metering from Elect KW output BMS Gas Kw input Heat Kw output

7.0 SITE SPECIFIC REQUIREMENTS

7.1 LOT 1 - Bracknell Leisure Centre

a) Installation and removal of current CHP

Following award of contract, the supplier should place an order with current supplier to removed existing CHP unit, control panel and associated control gear maximum value of order £10K.




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The new CHP unit complete with Canopy (below) should be located on current plinth position as old. The supplier should allow for new suitably rated 30m SWA supply cable clipped to cable tray from Control Panel MCCB to a new Fused Isolator switch (connected to existing “non essential busbars”) in main Electric switch room .The CHP panel should be earthed back to back to main earth bar at LV Switch Board.

For pricing proposes the new CHP control panel is to be located on the CHP side of the gas meter room door.

b) Acoustic Canopy

The Supplier should allow for an acoustic canopy to be made of zinc enamelled sheet steel and insulated with sound absorbing material. The outside is painted and provided with doors to enable maintenance and repairs to be carried out. The sound level on full load should be less than 65dB (A) at 1 metre. All services connections to the CHP should be made on the outside of the unit. For ventilation and combustion air, the canopy should be provided with an electric fan. Inlet and outlets attenuators should be supplied and are to be situated on the top of the canopy. A temperature sensor should be fitted to provide an indication of internal temperature. An alarm and shutdown system protects the unit and internal components against excessive temperatures.

c) Exhaust System

As per specification above the supplier allow for connecting to existing exhaust gas pipe work manifold. As well as providing new exhaust silencers contractor should replace existing condensate pipe work.

The supplier should include for inspecting the condition of existing vertical flue arrangement before installation and advise Bracknell Forest Council if it meets current standards and the new CHP flue requirements.

An Optional sum to replace existing vertical flue with new should be included in Tender Document.

d) Ventilation

The supplier should allow for modifying existing supply and extract galvanised steel ducting to suite new CHP . However supplier should allow for cleaning existing ducting, providing new wall louvers, bird mesh grills and flexible connections.




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7.2 LOT 2 - Coral Reef

a) Installation and removal of current CHP on site

Supplier should allow for utilising existing acoustic chamber on the site. The roof of the chamber should be removed and stored. The existing CHP should be removed by crane along with existing control panel and control gear. The CHP enclosure and should be then painted and prepared for the new CHP install. A temporary waterproofing cover should be used at this period to prevent water ingress. The new CHP unit should then be installed and secured into enclosure along painted attenuators, ventilation ducting (if needed), new louvers, bird mesh grills, control panel and auxiliaries. The roof should then be refitted using new outer weather boarding, and attenuators The supplier should include for replacing existing lighting in enclosure and ensure adequate levels of luminance throughout

Crane hire should comply with BS7121 and an approved registered firm should be used.

The supplier should allow for a new exhaust system and condensate pipe work to required specification (above) with exhaust pipe outlet at least 3m above door of enclosure.

8.0 Maintenance

It is proposed that the units shall operate 17 hours per day 365 days per year at 90% availability (5585 hours per annum) where grid electricity day time tariff rates apply.

The Supplier should provide a 5 year all inclusive service level agreement (with the option of 15 years) which shall include:

1. Regular routine service visits based on hours run to manufactures requirements (eg. approximately 6 visits per annum). The visits should include:

a) Lubricating oil replacement including the supply of lubricant and safe disposal b) Replacement of Oil filters including safe disposal of the old filters. c) Air filter inspection d) Spark plug cleaning and gap resetting e) Tappet and timing adjustment including replacement rocker cover gaskets f) Exhaust gas analysis with adjustment as necessary g) Functional test of equipment h) Oil sampling i) Provision of service sheets following each visit for inclusion in the sites purpose made by CHP provider Equipment log books

2. Routine maintenance and planned overalls on hours run basis according to manufactures’ requirements.

3. Breakdown call outs-Where error or breakdown cannot be resolved remotely a call out to site will be made in normal working hours (Mon-Friday, excluding Bank Holidays) within three working days (normal working hours only). The site should be informed accordingly.




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4. All replacement parts, and materials associated with the CHP unit. All replacement parts and materials should in stock over the maintenance contract period.

9.0 Remote Monitoring, Control, Protection and Communication System

CHP units should have fully remote monitoring 24 hours per day, 365 days year with the following minimum items monitored:

a) Engine water, exhaust and oil temperatures; secondary water temperatures; enclosure temperature

b) Engine oil, water pressures ;oil levels c) Mains voltage and frequency; reverse power

The system should perform the following functions:

a) Maximise availability b) Optimise performance c) Immediately notification of events d) Engine starting, synchronisation and Power output Control e) Engine shutdown-both “soft” and emergency stop f) Gas system and ventilation proving g) Protection of the CHP system against unsafe or inefficient operation h) Monitoring performance i) Communication with the Supplier service Desk via modem/ Broadband/internet(note must not compromise Council internal IT security) j) Be able operate on a stand alone basis via a local display flush mounted (at eye level)on the control panel.

Note an existing telephone line is available in both sites.The panels are to be fabricated from sheet steel suitable for wall mounting comprising of amains voltage and low voltage section.

9.1 Control Panel

The panel is have hinged lockable doors and the whole panel is to be rustproofed, primed and finished in grey stone enabled paint.

All equipment mounted either on the panel or in the panel is to be identified by suitable engraved white/black/white laminated traffolte engraved plate to indicate function.

The panel is to be prewired in colour coded PVC sheathed cable run in metal trunking.

All internal equipment is to be ‘DIN’ rail mounted.

All outgoing circuits are to be brought to clamp type terminals and marked in accordance with applicable wiring diagram.




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The panel to be fitted with correctly rated door interlocked main isolators.

The panel must contain a ‘emergency stop’ button and means via Display panel or other of soft switching unit off load or maintenance purposes.

10.0 Electrical Control

1) The CHP units should have import/export control and be able modulate down the electricity generated to prevent possible export to the grid. 2) The CHP units should be synchronised with the site supply provided by existing Voltage optimisers (set to provide a reduced voltage supply of no greater than 400V) via new voltage transducers.

The control system and protection system must be fully compliant with the requirements of the Electricity Council

11. Electrical wiring

All installation cabling shall be installed, tested and commissioned in accordance with BS7671:2008 IEE Wiring Regulations Seventeenth Edition

12. Interface to Electrical NetworkThe Supplier should include within their costs for DNO (Scottish & Southern Energy Plc.)notification, witnessing and approval for installing the CHP system in parallel with the Gridsupply.

The supplier should include for the supply, testing and commissioning of a G59/1 grid protection relay, and ensure setting is compatible with existing Powerstar Voltage Optimiser set at 400V. An automatic reset relay should be included.

13. Access Times

Supplier access is available seven days a week, 0800 to 1700hrs. However final connections associated with the temporary interruption of the electrical supply (assume 4-6 hours) must be carried out outside of the above hours. The available times for this shutdown are:

1. Monday evening, close at 2200hrs, power off 2300hrs, power back on by 0500hrs. 2. Saturday evening, close at 2000hrs, power off 2100hrs, power back on by 0600hrs .

14. Builders Work

The contractor shall be responsible for all builders work required for the installation of the CHP system.




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Damage to the building in forming holes, making access available for equipment or making fixings shall be made good and decorated to meet the existing finish and to suit the requirements of the contract administrator under the contract.

Asbestos based materials are present at Bracknell Leisure Centre but not known in the CHP location.

Contractors shall comply with the Asbestos (Licensing) Regulations 1983 and the Control of Asbestos at Work Regulations 2006.

A full copy of the Asbestos Report is available on each site.

If, during the course of the contract, the contractor should uncover any asbestos material or suspect that any material to be removed, drilled, or cut, or contains asbestos materials, then he must immediately inform the contract administrator and carry out no more work in that area.

After the Council has arranged for all necessary tests and, if necessary, remedial work to be carried out by a licensed contractor, in accordance with the Health and Safety Policy on Asbestos and Code of Practice for work with Asbestos, we shall notify the supplier that the area is clear and the work may resume.

15. General

Operational and Maintenance manuals

One off hard copy manual (ring binder) comprising of equipment information, drawings, installation and testing of the complete CHP system will be issued at end of the contract period to the customer. Two electronic copies will also be provided. The CHP provider should also provide a purpose made maintenance logbook for each site to suit the storage of service sheets.

16. Warranty

The equipment offered should fully guaranteed against defects for a period of 12 months from date of commissioning




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Appendix C – Evaluation Spreadsheet

Refer separate Excel document.




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Appendix D – Evaluation Guidance

SUPPLY, INSTALLATION & MAINTENANCE OF TWO COMBINED HEAT & POWER UNITS

The below sets out the evaluation criteria and scoring for Schedules 1 & 3

• If a provider is, at any point during the scoring of the paper, scored with a ‘Fail’, this will mean that provider will not be evaluated any further.

Schedule 1 : Entry Level Questions

Question Criteria Scoring Result

1 Able to provide and install small scale modulating gas fired CHP units with Primary LTHW Heat Recovery electrically rated within the range 130-150 kWe which can installed in the existing CHP locations.

PASS

Not able to provide and install small scale modulating gas fired CHP units with Primary LTHW Heat Recovery electrically rated within the range 130-150 kWe which can installed in the existing CHP locations.

FAIL


2 Able to provide remote control & monitoring of the specified CHP unit/s 365 days per year.

PASS

Not able to provide remote control & monitoring of the specified CHP unit/s 365 days per year.

FAIL


3 Control & protection system for the CHP is fully compliant with the requirements of the Electricity Council Recommendation G59/1 and ETR113.

PASS

Control & protection system for the CHP is not fully compliant with the requirements of the Electricity Council Recommendation G59/1 and ETR113.

FAIL




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4 Able to provide a comprehensive all inclusive 365 day a year maintenance contract over the lifetime of the CHP unit up to 15 years. PASS

Not able to provide a comprehensive all inclusive 365 day a year maintenance contract over the lifetime of the CHP unit up to 15 years.

FAIL


5 Able to attend site within three working days(during working hours only) following monitored/ reported breakdown with the majority of consumable parts readily available in stock over the life time of the CHP unit-15 years.

PASS

Not able to attend site within three working days(during working hours only) following monitored/ reported breakdown with the majority of consumable parts readily available in stock over the life time of the CHP unit-15 years.

FAIL


6 Can provide a MODbus facility to allow inference with the site’s TREND system and accept a digital signal from the BMS for automatic operation PASS

Is unable to provide a MODbus facility to allow inference with the site’s TREND system and accept a digital signal from the BMS for automatic operation

FAIL


7 Potential Providers that demonstrate existing Employer’s Liability Insurance cover of GBP(£)5m or more Or Can provide evidence that level of cover can be obtained

PASS

Potential Providers that are unable to demonstrate existing Employer’s Liability Insurance cover of GBP(£)5m or more Or Failed to provide evidence that level of cover can be obtained

FAIL




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Potential Providers that demonstrate existing Public Liability Insurance cover of GBP(£)10m or more Or Can provide evidence that level of cover can be obtained

PASS

Potential Providers that are unable to demonstrate existing Public Liability Insurance cover of GBP(£)10m or more Or Failed to provide evidence that level of cover can be obtained

FAIL

Potential Providers that demonstrate existing Product Liability Insurance cover of GBP(£)5m or more Or Can provide evidence that level of cover can be obtained

PASS

Potential Providers that are unable to demonstrate existing Product Liability Insurance cover of GBP(£)5m or more Or Failed to provide evidence that level of cover can be obtained

FAIL


Potential Provider has included a copy of their latest Audited & Management Accounts PASS

Potential Provider has failed to include a copy of their latest Audited & Management Accounts FAIL

8

Overall financial risk to the Council will be determined initially by carrying out the following:

- Independent credit check - Turnover check

Where either of the above indicates a higher than average risk to the Council, the following areas will, taken from the Company’s most recent financial statement, and also be taken into consideration when making an overall assessment of the organisations financial stability:

- Profitability over 3 years - Working Capital levels - Liquidity – levels of cash and other liquid assets held on Balance

Sheet - Group structure (credit check to be sought from suitable parent

company if applicable)

The Council reserves the right to assess any organisation as ‘unsuitable’ where any of the above areas cause major concern in terms of financial capacity to deliver the goods or services described in the Outline Requirement.

Organisations considered to be ‘Low / Medium risk’ to the procurement exercise

PASS

Organisations considered to be ‘High / Unsuitable risk’ to the FAIL




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procurement exercise by an independent credit check.


9 Accept our payment terms of Nett 30 days on receipt of acceptable invoice PASS

Unable to accept our payment terms of Nett 30 days on receipt of acceptable invoice FAIL


10

Potential Providers that have not been convicted of any offence relating to Conspiracy

PASS

Potential Providers that have been convicted of an offence relating to Conspiracy

FAIL

11

Potential Providers that have not been convicted of any offence relating to Corruption

PASS

Potential Providers that have been convicted of an offence relating to Corruption

FAIL

12

Potential Providers that have not been convicted of any offence relating to Bribery PASS Potential Providers that have been convicted of an offence relating to Bribery

FAIL

13 Potential Providers that have not been convicted of any offence relating to Fraud

PASS

Potential Providers that have been convicted of an offence relating to Fraud

FAIL

14

Potential Providers that have not been convicted of any offence relating to Money laundering within the meaning of the Money Laundering Regulations 2003 or 2007

PASS

Potential Providers that have been convicted of any offence relating to Money laundering within the meaning of the Money Laundering Regulations 2003 or 2007

FAIL

15

Potential Providers that have not been convicted of any offence relating to Article 45(1) of Directive 2004/18/EC as defined by the national law of any relevant state

PASS

Potential Providers that have been convicted of an offence relating to Article 45(1) of Directive 2004/18/EC as defined by the national law of any relevant state

FAIL




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Potential Providers that have had no Directors in the last 5 years subject to the bankruptcy conditions laid out within Form C (a). PASS

16

Potential Providers that have 2 or more Directors within the Organisation that have been declared Bankrupt, subject to the conditions laid out within Form C (a) within the last 5 yrs Or 1 Director who has been involved with another organisation that has been declared insolvent in line with the conditions laid out within Form C (a) within the last 5 years where they are the only Director.

FAIL

17

Potential Providers that under constituted Scots Law have not been granted a trust deed or become otherwise insolvent, or is the subject of a petition presented for sequestration of its estate.

PASS

Potential Providers that under constituted Scots Law have been granted a trust deed or become otherwise insolvent, or is the subject of a petition presented for sequestration of its estate.

FAIL

18

Potential Providers that have not passed a resolution or are subject of an order by the Court for the company’s winding up, other than for the reasons outlined within Form C (c);

PASS

Potential Providers that have been passed a resolution or are subject of an order by the Court for the company’s winding up, other than for the reasons outlined within Form C (c);

FAIL

19 Potential Providers that have not been convicted of a criminal offence relating to the conduct of their business or profession;

PASS

Potential Providers that have been convicted of a criminal offence relating to the conduct of their business or profession;

FAIL

20 Potential Providers that have not committed an act of grave misconduct in the course of their business or profession;

PASS

Potential Providers that have committed an act of grave misconduct in the course of their business or profession;

FAIL

21

Potential Providers who have fulfilled all obligations relating to the payment of social security contributions under the law of any part of the UK or the relevant state in which they are established;

PASS

Potential Providers who have not fulfilled their obligations relating to the payment of social security contributions under the law of any part of the UK or the relevant state in which they are established;

FAIL

22

Potential Providers who have fulfilled all their obligations relating to the payment of the taxes under the law of any part of the UK or of the relevant State in which they are established;

PASS

Potential Providers who have not fulfilled all their obligations relating to the payment of the taxes under the law of any part of the UK or of the relevant State in which they are established;

FAIL

23

Potential Providers who have not been found guilty of serious misrepresentation in providing any information required under Regulation 23 of the Public Contract regulations within any part of the UK or of the relevant State in which they are established;

PASS




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Potential Providers who have been found guilty of serious misrepresentation in providing any information required under Regulation FAIL 23 of the Public Contract regulations within any part of the UK or of the relevant State in which they are established;

Schedule 3 : Experience and Contract Examples – PASS/FAIL


1-5

Comprehensive response, with well articulated examples, clearly demonstrating the ability to deliver Combined Heat and Power Units

and

Potential Provider has provided three references relating to contracts with significant relevance to the outline requirement. “Significant” relates to providing services to Local Authorities, contract value and goods/services/works provided.

and

At least 2 examples are for similar size and value to our Outline requirement.

PASS

Unsatisfactory response, offering poor or no assurance of the organisations ability to meet the services described within the Outline Requirement

or

Provider has provided one or two references with weak relevance to the outline requirement

or

No examples for similar size or value to our Outline requirement.

FAIL

6.1 – 6.3 No contracts have incurred penalties, liquidated damages or termination due to poor performance

Or

Instances have occurred where contracts have incurred penalties, liquidated damages or termination due to poor performance but are of minor concern to the potential performance required within the Outline Requirement.

PASS




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Instances have occurred where contracts have incurred penalties, liquidated damages or termination due to poor performance and are of FAIL great concern to the performance required within the Outline Requirement.

The following score guide will be used to mark any question within Schedule 4 – Technical Questions.

Scoring - Quality Criteria

Rating of Response Score

Very Good or Fully Compliant Submission - which meets all requirements and is fully explained in comprehensive detail. 10

Good or Fully Compliant Submission - which meets all the requirements and is explained in reasonable detail. 8

Satisfactory or Compliant Submission - which meets the essential requirements and is explained in adequate detail. 6

Weak or Partially Compliant (Minor issues) Submission - which in some areas falls short of requirements and is poorly explained. 4

Un acceptable or Non Compliant (Major issues) Submission which fails to meet requirements and is not explained. 2

Questions contained within Schedules 1 & 3 represent Pass/Fail criteria and will therefore be marked in accordance with the scoring guide contained within Appendix D. Any organisation who is not able to meet the criteria within the scoring guide (Appendix D) will not be considered further in the evaluation.




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Appendix E - Guidance to tenderers on freedom of information act 2000: access to information about or arising under contracts

1 Introduction

1.1 All information relating to any tender made to the Council or any contract to which the Council is party, including information arising under the contract or about its performance, will be covered by the Freedom of Information Act 2000 (the Act) from January 2005. The Council will be under a legal obligation to disclose such information if requested unless an exemption applies. The legal obligations to respond to a request for information falls on the Council. The Council must determine whether an exemption applies to information and whether the request should be refused. The Council may also be subject to disclosure obligations under other legislation or codes of practice. This Guidance sets out the approach of the Council to the disclosure of information about contracts.

2. General rules on disclosure

2.1 The Council has determined that, in the absence of special circumstances:

• The Invitation to Tender (ITT) will always be available under the Act to those who enquire.

• Responses to tenders (apart from price information and commercially sensitive information – see below) will be held in confidence at least until award of the contract.

• Broad cost information will generally be available after award of contract under the Act to those who enquire.

• Information obtained from suppliers in responses to tenders and not generally available (future product information, research plans, financial details) will be held in confidence until no longer sensitive.

• Detailed tender prices will be held in confidence until no longer sensitive, (see below).

2.2 Tenderers must therefore inform the Council, on the enclosed Schedule of Reserved Information, of such other information which it regards as being eligible for exemption from disclosure by the Council under the Act. The reasons for all such exemptions must be fully justified against the relevant section of the Act.

3. Reserved Information

3.1 The Act specifies a number of different grounds for exemption. Most of these are not considered to be relevant to a tendering process or subsequent award of contract. Those which are most likely to be relevant are:




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• The information constitutes a trade secret (section 43(1))

• Disclosure would prejudice the commercial interest of any person (including the Council) (section 43(2))

• Disclosure would constitute an actionable breach of confidence (section 41(1))

• Personal data or information relating to the private life of any individual which is appropriate for protection (section 40)

3.2 If the Council agrees that information nominated by the successful tenderer may be legitimately classified as “reserved”, the Schedule of Reserved Information will form an integral part of the contract. The Schedule will list the class or category of information or the information itself and specify which exemptions under the Act apply to each specified class, category or specific information. The schedule shall indicate when it is likely that the information can be made available under the Act or if the information is unlikely ever to be made so available. Where such information is exempt under the rules governing commercial matters, (section 43(2)), then unless special circumstances apply, it will not be withheld under the Act for more than three years after completion/expiry of the contract.

3.3 Information relating to the overall value, performance or completion of the contract, contract records and administration will not generally be accepted as reserved information. The Council may however withhold access to such information under the Act in appropriate cases. The decision whether to withhold information shall be for the Council alone to determine. It shall have no obligation to consult the contractor.

3.4 The Council will automatically make information available under the Act from 3 years after completion/expiry of the contract, in the absence of specific agreement to the contrary. In the event that the Council receives a request for such information before the expiry of the 3 year period which it considers it may be appropriate to provide it will, wherever possible, notify the tenderer and take into consideration any representations made by the tenderer within 7 days of receipt of the notice by the tenderer.

4. Handling requests for information and notice to those affected

4.1 Other than as set out above the Council shall have no obligation to consult the contractor where any request for information, whether under the Act or otherwise, touches or concerns the contract.

5. Information about the provision of the service which is the subject of the contract which arises in the course of performance of the contract

5.1 The Council will have obligations to respond to the Act and other requests for information and the contract will include appropriate terms requiring the contractor to supply such information as requested by the Council.




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Any enquiries about this policy and its application should be addressed to the Borough Solicitor, Bracknell Forest Borough Council, Easthampstead House, Town Square, Bracknell, Berks RG12 1AQ




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SCHEDULE 1 – Entry Level Questions

Please note: Failure to meet any of these Entry Level questions will result in your tender submission not being evaluated any further. Please refer to Appendix D, Evaluation Guidance.

No. Question Answer

1. Can you supply and install small scale modulating gas fired CHP units with Primary LTHW Heat Recovery electrically rated within the range 130-150 kWe which can installed in the existing CHP locations.

Yes / No

2. Can you provide remote control & monitoring of the specified CHP unit/s 365 days per year?

Yes / No

3. Is the control & protection system for the CHP fully compliant with the requirements of the Electricity Council Recommendation G59/1 and ETR113 which govern the connection of generators to the public electricity supply?

Yes/No

4. Can you provide a comprehensive all inclusive maintenance contract over the lifetime of the CHP unit -15 years?

Yes/No

5. Can your engineers attend site within three working days(during working hours only) following monitored/ reported breakdown with the majority of consumable parts readily available in stock over the life time of the CHP unit-15 years?

Yes/No

6. Can you provide:

a) A MODbus facility to allow inference with the site’s TREND system and

b) accept a digital signal from the BMS for automatic operation Yes/No

7. Please confirm that the required insurance cover (See RFQ Section 4.6) will be in place by the start of the contract.

Yes / No

8. Can you supply a copy of your latest Audited or Management Accounts?

Yes / No

9. Do you agree to our payment terms of Nett 30 days on receipt of acceptable invoice?

Yes / No

If you answered “No” to any of the questions 1 to 9 please provide any justification(s) why your organisation’s tender response should still be considered by the Council below:

Response

Has your organisation, or any of its directors or senior staff, been found


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guilty for any of the following offences?

10 • Conspiracy Yes / No

11 • Corruption Yes / No

12 • Bribery Yes / No

13 • Fraud (including not paying taxes or social security contributions) Yes / No

14 • Money laundering Yes / No

15 • Professional misconduct Yes / No

16 Have your organisation, any of its directors, been previously declared insolvent or bankrupt?

Yes / No

If you answered “Yes” to any of questions 10 to 16 please provide any justification(s) why your organisation’s tender response should still be considered by the Council below:

Response

17 Has your organisation been granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate?

18 Has your organisation been passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of similar procedures under the law of any other state?

19 Has your organisation been convicted of a criminal offence relating to the conduct of your business or profession?

20 Has your organisation committed an act of grave misconduct in the course of your business or profession?

21 Has your organisation failed to fulfil 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 you are established?

22 Has your organisation failed to fulfil obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which you are established?

23 Has your organisation been guilty of serious misrepresentation in providing any information required of you under Regulation 23 of the




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Public Contracts Regulations 2009?

If you answered “Yes” to any of questions 17 to 23 please provide any justification(s) why your organisation’s tender response should still be considered by the Council below:

Response

Signature

Name

Job Title

Organisation

Date




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SCHEDULE 2 – Organisation Information

Notes for completion:

If the question does not apply to you please write N/A; if you don’t know the answer please write N/K.

“Authority” means the purchasing organisation that is seeking to place an order.

“You”/ “Your” or “Potential Provider” means the organisation which is completing this form.

Verification of Information Provided:

The higher the risk of the procurement, the higher the level of verification is likely to be required. Not all questions require supporting documents up front at this stage (for example certificates, statements with this questionnaire.) However, the purchasing organisation may ask to see these documents at a later stage, so it is advisable you ensure they can be made available upon request. You may also be asked to clarify your answers or provide more details about certain issues.

Sub Contracting Arrangements

Where a sub-contracting approach is proposed, all information requested should be given in respect of the prime contractor.

Where sub-contractors will play a significant role in the delivery of the services or products under any ensuing contract, please indicate in a separate annex (by inserting the relevant company/organisation name) the composition of the supply chain, indicating which member of the supply chain will be responsible for the elements of the requirement.

It is recognised that arrangements in relation to sub-contracting may be subject to future change. However, Potential Providers should be aware that where sub-contractors are to play a significant role, any changes to those sub-contracting arrangements may constitute a material change and therefore may affect the ability of the Potential Provider to proceed with the procurement process or to provide the goods and/or services.

Consortia Arrangements

If the Potential Provider bidding for a requirement is a consortium, the following information must be provided:

- full details of the consortium; and

- the information sought in this RFQ in respect of each of the consortium’s constituent members as part of a single composite response.

Potential Providers should provide details of the actual or proposed percentage shareholding of the constituent members within the consortium in a separate Annex. If a consortium is not proposing to form a corporate entity, full details of alternative proposed arrangements should be provided in the Annex. However, please note the Authority reserves the right to require a




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successful consortium to form a single legal entity in accordance with regulation 28 of the Public Contracts Regulations 2006.

ORGANISATION AND CONTACT DETAILS

Full name of organisation submitting a tender response (or of organisation acting as lead contact where a consortium bid is being submitted)

ORGANISATION DETAILS

Registered office address Company or charity registration number VAT registration number Name of immediate parent company Name of ultimate parent company

Type of organisation i) a public limited co.

ii) a limited company

iii) a limited liability partnership

iii) other partnership

iv) sole trader

v) other (please specify)

CONTACT DETAILS

Contact details for enquiries about this RFQ Name

Address




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Post Code

Country

Phone

Mobile

Email

Consortia and Sub-Contracting a) Your organisation is bidding to provide the services required itself

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

c) The Potential Provider is a consortium

If your answer is (b) or (c) please indicate in a separate annex (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 solely or together with other providers) will be responsible for the elements of the requirement.

QUESTIONS 1.1 and 1.2 FOR COMPLETION BY NON-UK BUSINESSES ONLY

1.1 Registration with professional body

Is your business registered with the appropriate trade or professional register(s) in the EU member state where it is established (as set out in Annexes IX A-C of Directive 2004/18/EC) under the conditions laid down by that member state).

1.2 Is it a legal requirement in the State where you are established for you to be licensed or a member of a relevant organisation in order to provide the requirement in this procurement? If yes, please provide details of what is required and confirm that you have complied with this.




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2 FINANCIAL INFORMATION

If, for some reason, your organisation is not required to produce Audited Accounts or an Annual Report then the Council’s Finance Section will need to have visibility of your management accounts. The Council will seek more information from independent credit reference agencies as part of the evaluation and reserves the right to undertake credit checks at each stage of the procurement process.

NB We will not accept applications from more than one company forming part of the same Group

2.1

Please provide one of the following set out below:

OR

Please indicate which of the following you would be willing to provide:

(please indicate which one by ticking the relevant box)

A copy of your audited accounts for the most recent two years

A statement of your turnover, profit & loss account and cash flow for the most recent year of trading

3.1 Please indicate which site you are tendering for:

(please indicate which one by ticking the relevant box)

Coral Reef (install date by 31 March 2014)

Leisure Centre (install date by September 2014)

Both*

• Please note: If you are tendering for both the Leisure Centre & Coral reef, then the following Schedules will need to be completed and returned for each site. Answers for both sites should not be combined on the same schedule for evaluation purposes.

Schedule 4 : Technical QuestionsSchedule 5 : Pricing Schedule




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SCHEDULE 3 – Experience and Contract Examples

Please provide details of up to three contracts from either or both the public or private sector, that are relevant to the Authority’s requirement. Contracts for the supply of goods or services must have been performed during the past three years. Please note that the 3 contracts given will be contacted as part of 4.2 ‘Case studies’ within Schedule 4, and therefore must be prepared to provide the Council with detailed information confirming the accuracy of the information provided.

Contract 1 Contract 2 Contract 3

1. Customer Organisation (name):

2. Customer contact name, phone number and email

3. Contract start date

Contract completion date

Contract Value

4. Brief description of contract (max 150 words) including evidence as to your technical capability in this market.

5. If you cannot provide at least one example, please briefly explain why (100 words max)




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In the last 3 years, have you had any contracts:

6.1 That have incurred contract penalties, default notices or payment of liquidated damages

Yes / No

6.2 Terminated by the client earlier than the originally intended due to poor performance?

Yes / No

6.3 Where you have withdrawn from the contract either before or after the award of contract?

Yes / No

If “Yes” to any of the above, please give details and explain in no more than 300 words what has been rectified in order to avoid this situation arising in the future:




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SCHEDULE 4 – Technical Questions

1.0 Production Information

1.1 Briefly describe what technology (including manufacturer, model details) you propose to install:

Response

1.2 Briefly describe how the technology (including manufacturer, model details) you propose to install, matches the specification in Appendix A with regards to:

1.2.1 Performance (please include generator data sheets)

Response

1.2.2 Site specific Installation requirements,

Response

1.2.3 Noise level reduction requirements

Response

1.2.5 Metering

Response

1.2.6 Availability of MOD bus facility & essential TREND system requirements

Response




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1.3 Brief describe the monitoring ,control, protection and communication technology you propose to install and how it matches the specification in Appendix A including level of monitoring , availability of a local display unit .

Response

1.4 Please detail if the control system you propose is an ‘open’ or ‘closed’ system. Please provide at least two references of clients which have their CHP plant maintained via an ‘open’ control system.

Response

1.5 Please detail any additional benefits not listed in the specification that the control system may provide, for example customer access to website which would show all information relating to CHP unit.

Response

2.0 Maintenance Requirements

2.1 Please provide details of proposed all inclusive Service Level Agreement with Key Performance Indicators

Response

2.2 Briefly confirm how it matches the specification, to include

2.2.1 Items covered, service intervals, reports given and reporting to site

Response




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2.2.2 guaranteed minimum response and fix times

Response

2.2.3 number of engineers available in the locality

Response

2.2.4 availability of parts in stock and lead times for delivery to site of major components following failure within both a 5 and 15 year maintenance contract.

Response

3.0 General

3.1 Please provide a brief overview of your organisation, to include the following:

- Number of years in the CHP supply and maintenance business - Indication of the number of small scale gas fired package CHP units installed

and maintained in the UK over the last 5 years including current annual turnover (GBP £ )

Response

3.2 Please provide details of the team (including named subcontractors, where appropriate that will be used in the :

3.2.1 Project management, supply and installation of the CHP units

Response


_____________________

4.2

ORGANISATION NAME: RESTRICTED


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3.2.2 The maintenance of the CHP units

Response

3.3 Give details of the overall Installation project time lines and key mile stones in the project plan to ensure installation is completed within the specified dates.

Response

4.0 Case Studies

4.1 Complete Schedule 3, providing full contact details for three case studies that the Council may approach.

If you cannot provide three case studies, please advise why

Response

In the last three years, have you had any contracts :

i. Thathave incurred contract penalties, default notices or payment of liquidated damages?

ii. Terminated by the client earlier than originally intended due to poor performance? iii. Where you have withdrawn from the contract either before or after the award of

contract? If Yes to any of the above, please give details and explain what has been rectified in order to avoid this situation arising in the future.

Response




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5.0 Environmental Management

5.1 Does the relevant section of your organisation hold a recognised environmental management systems certificate, for example ISO 14001 or equivalent?

If “Yes”, please enclose a copy of the certificate.If “No”, please describe any actions your organisation currently undertakes todemonstrate a responsible attitude towards environmental management.

Response

5.2 Please provide an over view of how intend to dispose of the CHP unit and redundant equipment at Coral Reef detailing organisation recycling policies.

Response

6.0 Quality Assurance

6.1 Does the relevant section of your organisation hold a recognised quality management certificate, for example ISO 9001 or equivalent?

If “Yes”, please enclose a copy of the certificate If “No”, please describe any actions taken to ensure quality is consistently monitored and maintained throughout your organisation.

Response

6.2 Is your organisation a member of any relevant professional / trade associations? If ”Yes”, please state eg.UK Combined Heat & Power Association

Response

6.3 Is the technology you have specified included on the current list of CHPQA units? If not please detail electrical and thermal efficiency with reference to data sheets. .

Response




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6.4Please confirm your installers have attained:

6.4.1 National Inspection Council for Electrical Contracting (NICEIC) certification

Response [include copy of certificate]

6.4.2 Gas safe registration

Response [nclude copy of certificate]

6.4.3 Certification for using loading equipment that is required on site eg. Cranes

Response [include copy of certificate]

7.0 Health and Safety

7.1 Does the relevant section of your organisation hold a recognised health and safety management systems certificate, for example OHSAS 18001 or equivalent?

If “Yes”, enclose a copy of the certificate.If “No”, please briefly describe what arrangements you have made to manage Healthand Safety within your organisation.

Response

7.2 Have you been the subject of any Improvement or Prohibition Notice or prosecution or been a defendant in any case brought under Health and Safety legislation within the last three years? If “Yes”, please provide details

Response




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8.0 Terms and Insurance

8.1 Refer to Appendix A, Terms and Conditions, for the terms and conditions of purchase order or contract. Please confirm acceptance of all these terms or detail exceptions and any proposed alternatives below, or in a separate document.

Please note: The Council reserves the right to fail any organisation who proposes an alternative that is considered to represent a ‘fundamental’ change to the contractual relationship being sought.

Response

Insurance

8.2 Provide details of your Public Liability Insurance policy. The Council requires a minimum of £10 million public liability cover. Please enclose a copy of your insurance certificate.

Response

8.3 Please provide a copy of your Employer’s Liability Insurance certificate. The Council requires a minimum of £5m cover.

Response

8.4 Please provide a copy of your Product Liability Insurance certificate. The Council requires a minimum of £5m cover.

Response




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SCHEDULE 5 – Pricing Schedule

Please refer to separate Excel document




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SCHEDULE 6 – Contract Compliance Statement

If answering No, please ensure that you have included a proposed alternative. The Council reserves the right to fail any organisation that does not provide a proposed alternative in the box provided against any non-compliance.

Section Contract Clause Compliant Yes / No If no, proposed alternative

1 Form of Agreement

2 Definitions

3 The Council’s obligations

4 Contract completion & combined Heat & Power Unit Maintenance

5 Visiting and Inspection of the site

6 Liabilities of the Contractor

7 Insurance

8 Bribery and Corruption

9 Supervision by the Contractor

10 Health & Safety

11 Advertising

12 Payment & Default interest

13 Recovery of sums due

14 Assignment & Sub-Contracting

15 Agency

16 Delegation

17 Emergencies and Civil Defence

18 Default

19 Forbearance

20 Termination

21 Human Rights

22 Equal Opportunities

23 Dispute Resolution

24 Data Protection Act

25 No rights of Third Parties

26 Survival of Rights

27 Confidential Information

28 Notices

29 Freedom of Information




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30 Severability

31 Property & Risk

32 Quality Standards

33 Inspection rejection acceptance & guarantee

34 Additional conditions of contract and general specifications governing building, mechanical & electrical works

35 Jurisdiction

A1 Site accommodation & storage

A2 Materials, Plant, Workmanship etc

A3 Clearing site

A4 Materials on site

A5 Supervision

A6 Programme

Signature

(please use non black ink)

Name

Job Title

Organisation

Address

� Telephone No.(s)

Email

Date




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SCHEDULE 7 – Specification Compliance Statement If answering No, please ensure that you have included a proposed alternative. The Council reserves the right to fail any organisation that does not provide a proposed alternative in the box provided against any non-compliance.

Section Specification Clause Compliant Yes / No If no, proposed alternative

1 CHP Requirements

2 Exhaust and Condensate Pipe work

3 Maximum Noise Requirement

4 Meters

5 Gas Supply

6 TREND Control Systems Interface

7 Site Specific Requirements

7.1 Leisure Centre Site (Lot 1)

7.1 (a) Installation & removal of current CHP

7.1 (b) Acoustic Canopy

7.1 (c) Exhaust System

7.1 (d) Ventilation

7.2 Coral Reef Site (Lot 2)

7.2 (a) Installation & removal of current CHP on site

8 Maintenance

9 Remote Monitoring, Control, Protection & Communication system

10 Electrical Control

11 Electrical Wiring

12 Interface to Electrical Network

13 Access Times

14 Builders Work

15 General

16 Warranty

Signature





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Name

Job Title

Organisation

Address


Email

Date




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SCHEDULE 8 – Form of Tender

I/We, the undersigned, having examined the Conditions of Contract, Specification and all other Request for Tender response documents, hereby offer to supply the goods/undertake the services required, in accordance with the tender response documents for prices detailed in the Pricing Schedule.

I/We understand that the Council is not bound to accept the lowest or any tender response received.

This tender response remains open for acceptance for 120 days from the date fixed for the submission of tender responses in the Invitation to Tender.

I/We agree that the essence of selective tendering is that the Council shall receive bona fide competitive tender responses from all suppliers submitting tender responses. In recognition of this principle, I/we warrant that this is a bona fide tender response, intended to be competitive, and that I/we have not fixed or adjusted the price submitted by, or under or in accordance with any agreement or arrangement with any other supplier. I/We furthermore warrant that no approaches have been made to any other suppliers for the purpose of obtaining or influencing their tender response prices or any other details of their bid. I/We also warrant that I/we have not and will not before the award of any contract for the work:

(i)(a) communicate to any person other than the Council the amount or approximate amount of the tender response or proposed tender response, except where the disclosure, in confidence, of the approximate amount of the tender response was necessary to obtain insurance premium tender responses required for the preparation of the tender response;

(b) enter into any agreement or arrangement with any person that they shall refrain from submitting a tender response, or that they shall withdraw any tender response once offered or vary the amount of any tender response to be submitted;

(ii) pay, give or offer to pay or give any sum of money or other valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender response or proposed tender response for the work, any act or thing of the sort described at (i)(a) or (b) above.

I/We understand that should we directly or indirectly canvass any member or official of the Council concerning the award of the contract for the provision of the Services, or directly or indirectly obtain or attempt to obtain information from any such member or official concerning any other tender response for Goods/Services, I/We will be disqualified. I/We further understand that if discovery occurs after the award of the contract, the Council shall then be entitled to summarily terminate the contract.

Signature


Name

Job Title

Organisation

Address





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Email

Date




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SCHEDULE 9 – Schedule Of Reserved Information

Reserved Information When available for disclosure

Relevant Section of Act Reason

Tender responses (excl sensitive tender information)

After award of contract Section 43(2) and/or

section 36 Commercial confidentiality and prejudice to the effective conduct of public affairs.

Sensitive tender information received from bidder (e.g. price information)

When no longer sensitive

Section 43(2) and/or section 36

(EIR regulation 12(5))

Sensitive information should not be released Commercial confidentiality and prejudice to the effective conduct of public affairs.

Information obtained from suppliers and not generally available (future product information, research plans, financial details)

When no longer sensitive

Section 41 (EIR regulation 12(5))

The information will generally have been specifically requested by the authority and supplied with a reasonable expectation it will not be made public. Otherwise, companies may refuse to divulge the information, to the probable detriment of the public interest.

Price breakdown/information When no longer sensitive

Section 43(2) (EIR regulation 12(5))

CV’s and reference site information Until exemption Personal information or information supplied




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does not apply Section 40 and/or 41 (EIR regulation 12(5) and/or regulation 13)

to the bidder in confidence

Information relating to contract negotiation When no longer sensitive

Section 43(2) and/or section 36

I have read the accompanying “Guidance to Tenderers on Freedom of Information Act 2000: Access to information about or arising under contracts”. The above table has been completed in accordance with these guidelines and I have reasonably designated this information as confidential. I understand that the Council will not accept a blanket disclaimer

Signature …………………………… (Please use non-black ink)

Name …………………………………………………………………………….

Position …………………………………………………………………………….

Organisation …………………………………………………………………………….

Date ……………………………




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SCHEDULE 10 – TENDER Checklist

Please tick checklist to indicate that copies of all relevant documents are enclosed.

Section Required Documents

Document enclosed Yes/No Comments

Schedule 1 Entry Level Questions

Schedule 2 Organisation Information

Schedule 2 - 2.1 Annual Report & Accounts

Schedule 3 Experience & Contract Examples

Schedule 4 Technical Questions

Schedule 4 – 3.1 Organisation Structure Diagram

Schedule 4 – 8.2 Public Liability Insurance Certificate (£10m)

Schedule 4 – 8.3 Employers Liability Insurance Certificate (£5m)

Schedule 4 – 8.4 Product Liability Insurance Certificate (£5m)

Schedule 5 Pricing Schedule

Schedule 6 Contract Compliance statement

Schedule 7 Form of Agreement

Schedule 8 Tender Checklist

Schedule 9 Tender

Signature


Name

Job Title

Organisation

Address


Email

Date


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