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NORTHERN LIGHTHOUSE BOARD

TENDER FOR THE PROVISION OF ISO RECERTIFICATION

REF: QHSE/CERT/1132

SPECIFICATION & PRICING

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

If you have downloaded this Tender from our Buyer Profile can you please register your interest with Keith Muirhead, Procurement Officer, by emailing [email protected] this will ensure that you are provided with any subsequent clarification information.

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

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http://nlb.g2b.info/

mailto:[email protected]


Contents

Introduction 3

Background Information – NLB 4

The Requirement

Pricing Schedule/Contract Period

7

8

Tender Submission Requirements 9

Contract Award Criteria

Contract Pricing and Invoicing

Contractors Responsibilities

Freedom of Information

10

10

11

13

Tenderer Information Schedule 15

Appendix I; Statement Relating to Good Standing 22

Appendix II; Discretionary Grounds for Rejection 24

Appendix III; Grounds for Disqualification 25

Appendix IV; Instruction to Tenderers 26

Appendix V; Declaration of Non-Collusion 29

Appendix VI; Form of Tender 31

Appendix VII; Tender Evaluation Matrix 33

Appendix VIII; Terms and Conditions of Contract 35

Appendix IX; Tender Return Label 44

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IntroductionPlease ensure you understand all aspects of this ITT. All information contained within this ITT will be used by the Commissioner of Northern Lighthouses operating as the Northern Lighthouse Board (NLB) for the purposes of this project only. This ITT is non-transferable, if you decide you do not wish to tender please inform Keith Muirhead, Procurement Officer , Email: [email protected] soon as possible and where possible explain why you have decided not to tender.

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

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

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

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

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

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

In accordance with EU and UK legislation and public sector transparency guidelines, please be aware that NLB contracts will be advertised and also published following contract award. Information in relation to the contracts will be within the public domain, your attention is drawn to Page 13 – Freedom of Information Act 2000.

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

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

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

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

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

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

Within its area of jurisdiction as a General Lighthouse Authority, NLB has various powers and responsibilities in connection with the provision, maintenance, alteration, inspection and control of lighthouses, buoys and beacons, under Section 197 of the 1995 Act as amended. NLB also has Wreck Removal powers under Section 253 of the Act. For further information please see our website: www.nlb.org.uk

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http://www.nlb.org.uk/


Point of ContactAll enquiries must be addressed, to Keith Muirhead as the single point of contact for this exercise, at the address shown below and must be submitted in writing or by email; these shall all be recorded and email is preferable. Tenderers should be aware that it will be the intention of NLB to circulate in writing, to all interested parties all queries and enquiries received together with our response. The source of the question will not be disclosed. To ensure that all Tenderers have the same information, we will respond to all queries and points of clarification raised by 16:00 hours on Tuesday 26th May 2015.

The closing date for receipt of tender is Tuesday 2nd June 2015 at 12:00 hours. You should note that NLB may seek amplifying information from Tenderers, or from third parties in amplification of any part of the submission.

Keith Muirhead Procurement Officer Northern Lighthouse Board84 George StreetEdinburghEH2 3DAUnited Kingdom

Email: [email protected] Tel: 0044 131 473 3103Fax: 0044 131 473 2436

Completed Tenders should be forwarded using the label provided at Appendix IX to:

Director of FinanceNorthern Lighthouse Board84 George StreetEdinburghEH2 3DAUnited Kingdom

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

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

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

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

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

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Whilst Tenders must be returned in hardcopy using the label provided at Appendix IX, you can also email your Tender submission to [email protected] if you wish to ensure delivery before the deadline. Please put “Tender Ref: QHSE/CERT/1132” as the subject of the email. We have no limit on the size of email received however to ensure that there are no receipt problems please limit email size to no more than 10 Mb and there is no limit on the number of emails sent. Other types of file especially Zip files or encrypted files may cause problems and could hamper the delivery of your Tender. This email box is only opened following the deadline and the above procedure still applies. Tenders received after the closing date will not be considered.

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

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

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

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The Requirement

The NLB is certificated to ISO 9001, ISO 14001 and BS OHSAS 18001. All of these certificates expire on 30 October 2015. We require that the re-certification to these standards is achieved via one combined audit and subsequently 6 monthly periodic audits to verify their maintenance up until the certificates’ expiry date. The periodic audits should also be combined audits and preferably undertaken by one suitably qualified auditor.

A single audit report is to be produced for each periodic audit. Reports are to be comprehensive, including positive as well as negative aspects of areas covered during the audit, but must also be concise and issued promptly after the audit. As well as compliance issues, audits and the subsequent reports should have a particular focus on areas where the NLB can improve the effectiveness and efficiency of its operations.

Audits will be required to include visits to sites where activities are ongoing and these could be anywhere in Scotland or the Isle of Man, therefore auditors must be prepared to travel extensively and stay away from home for periods. Experience of travelling in small boats and by helicopter would be an advantage as would experience of auditing the type of activities in the locations liable to be encountered. References / examples are to be included in the tender return.

All tendering Certification bodies should have UKAS accreditation (or equivalent) for the ISO standards and BS OHSAS 18001 with appropriate Schedules of Accreditation to cover NLB’s activities, please provide a copy. The scope of our existing certification does not include our ships functions, however all of our shore based activities are covered. These include capital project engineering works with NLB acting as the designer and contracting out the work on the ground which can be a combination of civil, electrical and mechanical engineering. We also carry out maintenance works which can be a combination of sub-contracted works, (e.g. painting, refurbishment etc.) and routine mechanical and electrical maintenance work carried out by NLB technicians. These activities are performed all around the coast of Scotland and the Isle of Man and may be in remote and inaccessible places. In addition the NLB operate a base at Oban for the refurbishment of buoys involving strip down, re-painting and structure re-fitting as well as some electrical work and associated stores area. An engineering store and test facility is also operated from Oban.

The Information Systems (IS) group of the NLB are certificated to ISO 27001, expiry date of current certification is 18 April 2016. We would require re-certification to this standard prior to this date and 6 monthly periodic audits thereafter occurring at the same time as the audits for the other certificates above although not necessarily carried out by the same auditor. The IS group consists of 6 No. staff, there are 5 No. based in Edinburgh and 1 No. at the Oban facility. All tendering Certification bodies should have UKAS accreditation (or equivalent) for ISO 27001. Audit reports are to be comprehensive, including positive as well as negative aspects of areas covered during the audit, but must also be concise and issued promptly after the audit. As well as compliance issues, audits and the subsequent reports should have a particular focus on areas where the NLB can improve the effectiveness and efficiency of its operations.

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Pricing Schedule/Contract PeriodTenderers are requested to complete the following schedule giving full details of their proposals including costs, fees, the rates paid to sub-contractors and any alternative pricing methods for consideration etc. Please ensure the pricing provided details all costs that may be associated with this contract, NLB will not be liable for any costs that are not identified within your tender submission.

Please note that you may provide a price for one or both options, there is no requirement to provide pricing for both options.

There are two options and the contract will be in place for 3 years. The contract period will be October 2015 to October 2018; exact dates will be dependent on the completion of the tender exercise.

Requirements per annum.Description Requirements Price each £

(Excluding VAT)Option1- Supply of Certification for ISO 9001 .ISO 14001 AND BS OHSAS 18001

Initial Audit followed by 6 month periodic Audits.

Option 2 –Supply of Certification for ISO 27001

Prior to expiry on 18/04/2016 then 6 months periodic Audits

Total

DeliveryPlease provide full details of all related costs for delivering these Services to Northern Lighthouse Board, 84 George Street, Edinburgh EH2 3DA.

Signed ………………………………………………………..

Date …………………………………………………………

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

Position………………………………………………………For and on Behalf of (In Block Capitals)

……………………………………………………………….

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

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Tender Submission Requirements*Your tender proposals must include: -

A covering letter Statement of Good Standing (Appendix I) Discretionary Grounds for Rejection (Appendix II) Grounds for Disqualification (Appendix III) Instructions to Tenderers (Appendix IV) Declaration of Non-Collusion (Appendix V) Form of Tender (Appendix VI) Pricing Proposals/Schedule covering the Services required and any additional services

offered. Full details of the responsible person(s)/account manager and team members allocated to the

contract including CV`s Any other applicable information or alternative offers. Any further information you deem relevant, any qualification of tender or other supporting

details. Clear notification of any of the areas of our requirements that cannot be provided. Timescales to prepare and present report Examples of previous report and experience of proposed Auditor(s) Evidence of approval from UKAS or equivalent to conduct Audit (s)

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

Alternative Solutions or Variations Tenderers must ensure that all offers are fully detailed within their tender submission, showing where they vary from the requirements and contract terms provided what the alternative proposals will deliver to NLB plus a statement highlighting the positive and negative aspects of the proposal together with all the other information requested within this document. There is no limit on the number of alternative solutions or variations that can be proposed.

All proposals received will be evaluated using the Tender Evaluation Criteria shown in Appendix VII. If a variation or alternative solution is selected for contract award, the final terms of contract may be subject to review and discussion prior to the final award of contract. Please be aware that any variations or alternative solutions provided must have no detrimental impact on NLB services. Appendix IV – Instructions to Tenderers Clause 8 also refers.

Variations or alternative solutions provided must not be materially different to our requirements any variations or alternatives provided that are materially different will not be considered.

Contract Award Criteria –

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NLB reserve the right to award the Contract in whole or in part and to make no award of contract if necessary. Evaluation of Tender Criteria and Relative Weighting

Project Costs and All tender documents returned (40%)Criteria WeightingProject Costs 30Pricing Mechanism 10Acceptance of NLB`s Terms and Conditions of Contract Yes/NoDeclaration of Non Collusion (signed) Page 29 Yes/NoForm of Tender (signed) Page 31 Yes/NoStatement of Good Standing (signed) Page 22 Yes/NoDiscretionary Grounds for Rejection (Page 24) Yes/No

Capability and Project Information (60%)Criteria WeightingTimescales to prepare and present report 10Examples of previous report and experience of proposed auditor(s) 40Evidence of approval from UKAS or equivalent to conduct audit(s) 10

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

The closing date for receipt of tender is 2ND June 2015 at 12:00 midday. You should note that NLB may seek amplifying information from Tenderers, or from third parties in amplification of any part of the submission.

TimetableTarget Date Activity5 May 2015 Issue Tender2 June 2015 Tender return5 June 2015 Tender Evaluation15 June 2015 Award of Contract (approximate date)October 2015 Commence recertification – to be agreed with Contractor

Contract Pricing & Invoicing

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

Value Added Tax, where applicable, shall be shown separately on all invoices as a strictly net extra charge.Import duties and all other relevant taxes and charges, shall be shown separately on all invoices as a strictly net extra charge.

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

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

Pricing and Price Adjustment MechanismAll pricing must be in UK Sterling. The price per unit including any bulk discounts must be delivered duty paid (DDP - Incoterms®) to the nominated NLB delivery address. This pricing must remain fixed for a minimum period of 1 year from the date of unconditional contract award. Following this period, price changes (positive and negative) will be considered based on an agreed index formula. The proposed index to be used for the annual adjustment must meet the following criteria:

1. A recognised index from a reputable government or industry source 2. Freely and independently available to NLB throughout the period of the contract3. Related to the costs of providing the goods and services within the tender.

Tenderers MUST provide:

A short note explaining how the proposed index meets the three criteria aboveTwo years historical data for the proposed index.

All price adjustment mechanisms proposed must use freely available published indices and are subject to agreement. (Some costs will only be accepted at cost upon production of a valid receipt or invoice) NLB will not be held liable for any unidentified costs.

Tenderers should include in their submissions details of the baseline figures used to calculate prices in their tender submission .

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

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

Contractors Responsibilities

TenderingNLB will not be liable for any costs associated with submitting a tender or participation with this tender exercise.

ConfidentialityContractor’s personnel must be aware that any information seen or heard whilst in the course of their duties is strictly confidential and must not be disclosed to any other party. A breach of confidentiality will result in a breach of contract, with the potential implication of early termination of the contract.

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

Product Range and future DevelopmentPlease provide any appropriate product literature with your tender submission.It is expected that the successful Tenderer(s) will keep NLB advised of all technological advances applicable to their product range and items within this agreement.

Assignment

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

Gifts, Hospitality and Inducements to PurchaseTenderers and Contractors shall not offer or give, or agree to give, to any NLB employee or representative any gift or consideration of any kind as a bribe, inducement or reward for doing or refraining from doing or for having done or refrained from doing, any act in relation to the obtaining or execution of this or any other contract with NLB or for showing or refraining from showing favour or disfavour to any person in relation to this or any such Contract. Your attention is drawn to the criminal offences created by the Bribery Act 2010.

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

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

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

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

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

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

1. clearly identify such information as commercially sensitive;2. explain the potential implications of disclosure of such information; and3. provide an estimate of the period of time during which the Potential Provider believes that

such information will remain commercially sensitive.Please submit responses to 1, 2 or 3 as an Annex with the completed ITT

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

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

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

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

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

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

NLB will not tolerate Contractors or sub-contractors who operate any policy of discrimination, whether active or passive. If, as a Tenderer to the NLB, you feel that you have not been given equal opportunity to promote your products and services during this tender exercise, initial complaints must be addressed to Colin Brolly, Procurement Officer, NLB 84 George Street, Edinburgh, EH2 3DA.

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http://www.nlb.org.uk/


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

General Lighthouse Authorities (GLAs)*This contract will have scope to allow the other GLAs of the United Kingdom and Ireland, Trinity House (TH) and the Commissioners of Irish Lights (CIL) to call on the services. Both Authorities may their own arrangements however it may be more effective to use NLB’s arrangements. This will be done by them engaging the supplier directly in line with the terms and conditions of the contract. Please be aware that CIL provide services to Northern Ireland and the Republic of Ireland. It should also be noted that from time to time NLB may call on the TH or CIL contract arrangements to support our requirements.

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

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

1. Organisation Details 1.1. Full legal name, address and website of the Potential Provider in whose name the tender will be submitted

(the Prime or Single contractor):

Company Name

Address

Town/City

Postcode

Country

Website (if any)

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

Name

Position

Telephone Number

Fax Number (if available)

E-mail (if available)

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

1.4. Date and place of formation of the Potential Provider and, if applicable, registration under the Companies Act 2006.1 Please provide copies of Certificates of Incorporation (where appropriate) and any changes of name, registered office and principal place of business.

1 Potential Providers established outside the United Kingdom may provide equivalent information. For a list of acceptable equivalent information please refer to in Regulation 23(7) of the Public Contracts Regulations 2006.

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Please(tick one

box)

Sole Trader

Partnership

Public Limited Company

Private Limited Company

Other (please state)


Date of formation

Place of formation

Date of registration

Company registration number

Certificates enclosed YES / NO (please delete)

Registered Office

Principal place of business

1.5. Ownership structure

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

Company Name

Address

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Town/City

Postcode

Country

Company registration number 2

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

Company Name

Address

Town/City

Postcode

Country

Company registration number3

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

Relationship

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

Ownership structure enclosed (please tick √)

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

Brief history of the Potential Provider’s organisation, no more than 400 words, including details of any parent and associated

2 Or, for parent companies established outside the United Kingdom, equivalent information as set out in Regulation 23(7) of the Public Contracts Regulations 2006.3 Or, for parent companies established outside the United Kingdom, equivalent information as set out in Regulation 23(7) of the Public Contracts Regulations 2006.

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companies and any corporate re-organisations or changes of ownership over the last 5 years including details of significant pending developments, changes in financial structure or ownership, prospective take-over bids, buy-outs and closures, etc which are currently in the public domain.

1.7. Registration with professional body

Where applicable, is the Potential Provider registered with the appropriate trade or professional register(s) in the EU member state where it is established (as set out in Annex IX B of Directive 2004/18/EC) under the conditions laid down by that member state4).

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

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

Registering body

Registration number

1.9. VAT registration number

VAT Registration number

1.10. Please provide a Company organisational structure diagram.

Company Organisation Structure attached Yes /No

2. Capability2.1. Please provide details of the Potential Provider’s principal areas of business activity, main

products or services and previous experience of these Services .

Description of the Potential Provider’s primary business and

4 In the UK this condition is satisfied by registration with Companies House or a declaration on oath that the candidate is carrying on business in the trade in question in the UK at a specific place of business and under a specific trading name.

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main products or services.

2.2 Please provide details of the Potential Provider’s measures for ensuring quality in relation to the services provided under the contract and your support services including details of your approach to contract and project management, service delivery and complaints.

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

3. Insurance

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

3.1 Insurance details

Type of insurance

Employers’ Liability

Public Liability Professional Indemnity

Other

Name of insurer

Address

Policy numbersExpiry dateLimits of indemnity (per occurrence and aggregate)Excess (if any)

4. Additional Information

4.1 Health and SafetyIs your organisation legally obliged to have a Health and Safety Policy? Yes/No

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

Yes/No

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

Yes/No

Does your organisation train its staff in Health and Safety? Yes/No

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

Please provide details of:- Your accident and incident record including RIDDOR records

(Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995)

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

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

4.2 Environmental Issues

4.3

Equality

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

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

Yes/No

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

Yes/No

Does your organisation have a written Equality Policy? Yes/No

Does your organisation train its staff in Equality and Diversity issues? Yes/No

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Do you operate a documented environmental management system? Yes/No

If you do not have such a system please explain why

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

Yes/No

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

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

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

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

D) None of the above.


4.4 Corporate Social Responsibility (CSR)

Does your organisation have a written CSR Policy? Yes/No

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

Appendix I

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

PROJECT TITLE: ISO RECERTIFICATION

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

Grounds for mandatory rejection (ineligibility)The Potential Provider or its directors or any other person who has powers of representation, decision or control of the named organisation has not been convicted of any of the following offences:

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

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

(c) the offence of bribery;(d) bribery within the meaning of section 1, 2 or 6 of the Bribery Act 2010 or section 113

of the Representation of the people Act 1983(e) fraud, where the offence relates to fraud affecting the European Communities’ financial

interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities, within the meaning of—

(i) the offence of cheating the Revenue;(ii) the offence of conspiracy to defraud;(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969;(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or(ix) making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;

(f) any offence listed –(i) in section 41 of the Counter Terrorism Act 2008 or(ii) in Schedule 2 to that Act where the court has determined that there is a terrorist

connection;(g) any offence under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence

covered by paragraph (f);(h) money laundering within the meaning of sections 340 (11) and 415 of the proceeds of Crime

Act 2002;(i) an offence in connection with the proceeds of criminal conduct within the meaning of section

93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;

(j) an offence under section 4 of the Asylum and immigration (Treatment of Claimants, etc) Act 2004;

(k) an offence under section 59A of the Sexual Offences Act 2003;(l) an offence under section 71 of the coroners and justice act 2009;(m) an offence in connection with the proceeds of drug trafficking within the meaning of section 49,

50 or 51 of the Drug Trafficking Act 1994; or(n) any other offence within the meaning of Article 57(1) of the Public Contracts Directive (i) as

defined by the law of any jurisdiction outside England and wiles and northern Ireland; or(ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland.

Organisation’s name

Signed

Position

Date

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Appendix II

Discretionary grounds for rejectionThe Potential Provider confirms that it:

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

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

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

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

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

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

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

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

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


Signed

Position

Date

Appendix IIIGrounds for Disqualification

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

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

Late submission of Tender – not received by tender deadline Incorrect, or changes to, information supplied in your tender Lack or breach of confidentiality Publicity of involvement with this exercise Undeclared collusion with other companies – the form at Appendix V must be fully completed. If

you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender.

Failure to follow instructions given in the ITT. Conflict of Interest – either declared or undeclared. Canvassing any employee, agent, Board Member or other official of NLB whether directly or

indirectly. Collusive Tendering – as detailed within the Declaration of Non-Collusion Completed Statement of Good Standing Anti-competitive practice Discrimination – breaches of legislation or NLB policy

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Appendix IV

INSTRUCTIONS TO TENDERERS

Confidentiality of Tenders1.1. Please note the following requirements, any breach of which will invalidate your Tender:-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8. Incomplete TendersNLB may not consider tenders which do not contain all information and particulars requested.

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

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

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

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

12. Value Added Tax (VAT)Tendered prices must exclude VAT. Where indicated VAT should be shown separately. Invoices must show VAT separately.

13. Submission of TendersTenders should be placed in a plain envelope using the enclosed label to arrive at the address shown on the label no later than the Tender Deadline. NLB reserves the right to reject any tender received after the Tender Deadline for whatever reason. It is recommended that tenders be sent by registered post; recorded delivery or courier service; Datapost or delivered by hand. The envelope, including the franking, and any associated paperwork delivered with the tender envelope must not identify the sender. One (1) original copy of your tender must be submitted.

14.Tender ValidityTender(s) should remain open for acceptance for a minimum period of 120 days from the Tender Deadline or for such a period as may be specified by NLB.

15. Right to Accept Portion of Tender; Lowest or Any TenderUnless stipulated by the Tenderer NLB reserves the right to accept any part of the tender. NLB is not bound to accept the lowest or any tender or part thereof.

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

17. Additional Information to be Included in Tender ProposalsThe proposals should cover where appropriate:-

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

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

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

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

Appendix V

DECLARATION OF NON-COLLUSION*

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

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

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

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

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

2.1. Details of subsidy or other assistance from government or other public authority are as follows+;* delete as appropriate+ provide details of scheme, source of funds and amount

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

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

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

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

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


Signed

Position

Date

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Appendix VI

FORM OF TENDER

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

Total Contract Price £ (Excluding VAT, using indicative quantities)

Pricing Fixed until:

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

Invitation to Tender package including: Invitation to Tender Letter

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Specification of Requirements & Pricing Schedule Appendix I Statement of Good Standing Appendix II Discretionary Grounds for Rejection Appendix III Grounds for Disqualification Appendix IV Instructions To Tenderer Appendix V Declaration of Non - Collusion Appendix VI Form of Tender Appendix VII Tender Evaluation Matrix Appendix VIII Terms and Conditions of Contract for Services Appendix IX Tender Address Label Freedom of Information Act Statement 2000

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

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

5. I have abided by the Confidentiality requirements set out in the tender document.6. The prices quoted and information provided in this tender are valid for acceptance and binding for

a minimum of 120 calendar days from the deadline.7. I understand that any goods, materials or equipment belonging to the company are carried on any

NLB or GLA vessel entirely at our own risk and NLB and the GLAs shall have no liability for these items.

8. I will not hasten progress of this tender and will await contact from NLB as to progress.9. I have provided all the information required and our tender submission is complete and accurate.10. I understand the tender evaluation exercise may require participation, site visits or other actions

deemed necessary by NLB and I am happy to participate. 11. I/we confirm that we have taken account of our legal and statutory obligations, as well as all relevant

Government codes and policies (e.g. taxes, environmental protection, employment protection and working conditions) in our tender, where they would be applicable to the supply of the Good or Services.

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

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

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

Please tick here if your organisation has 250 or more employees

In addition:

Please tick here if your organisation is a registered company

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

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

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

……………………………………………………………

Address ……………………………………………..

……………………………………………..

……………………………………………..

Postcode ……………………………………………..

Tel No. ……………………………………………..

Fax No. ……………………………………………..

Email ……………………………………………..

Website ……………………………………………..

Date ……………………………………………..

* delete as appropriate

Appendix VII

TENDER EVALUATION MATRIXEvaluation Marking

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

Scoring ranges0 to 2 Non-Compliant, unacceptable, no information3 and 4 Fair but below acceptable5 and 6 Acceptable, appropriate, average7 to 9 Good, above average10 Excellent, fully compliant

Prior to commencing the tender evaluation marking, each tender received will be considered against the following rejection criteria, where grounds are established tenders will be rejected and the Tenderer advised accordingly. Each member of the tender evaluation panel will be asked to declare all interests

Grounds for Rejection

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Mark as appropriate and provide detail of rejection reasonsIncomplete Tender submission – this includes not providing all the information requested, not returning the correct documents, insufficient information provided and failure to sign the documents within the ITT.Late submission of Tender – not received by tender deadlineIncorrect, or changes to, information supplied in your tenderLack or breach of confidentialityPublicity of involvement with this exerciseUndeclared collusion including but not limited to collusion with other companies – the form at Appendix V must be fully completed. If you wish to make any declaration of intent please ensure the fully completed form is provided with your submitted tender.Failure to follow instructions given in the ITT.Conflict of Interest – either declared or undeclared.Canvassing any employee, agent, Board Member or other official of NLB whether directly or indirectly.Collusive Tendering – as detailed within the Declaration of Non-CollusionAnti-competitive practiceDiscrimination – breaches of legislation or NLB policyBribery or corruptionDetails of other issues identified

Provision of ISO RECERTIFICATIONEvaluation Matrix

Criteria for EvaluationRelevant ITT Sections

Weight Score (1-10) Weighted Score Comments

Financial 30%

Project Costs Page 8 20

Pricing Mechanism Page 8 10

Acceptance of NLB`s Terms and Conditions of Contract Page 30 Yes/No

Declaration of Non Collusion (signed) Page 28 Yes/No

Form of Tender (signed) Page 30 Yes/No

Statement of Good Standing (signed) Page 21 Yes/No

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Discretionary Grounds for Rejection Page 23 Yes/No

Capability and Project Information 60%

Timescales to prepare and present report Page 9 10

Examples of previous report and experience of proposed Auditor(s)

Page 9 & Q2.1 page 19

40

Evidence of approval from UKAS or equivalent to conduct Audit(s)

Page 9 10

Total 0

Appendix VIII

CONDITIONS OF CONTRACT FOR THE PURCHASE OF SERVICESThese conditions may be varied only by the written agreement of the Purchaser. No terms or conditions put forward at any time by the Supplier shall form any part of the Contract unless

specifically agreed in writing by the Purchaser

PLEASE NOTE:

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

ANY REFERENCE IN THE MANDATORY OGC MODEL AGREEMENT CLAUSES TO THE “AUTHORITY” IS A REFERENCE TO THE PURCHASER AS DEFINED HEREIN.

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IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE MANDATORY OGC MODEL AGREEMENT CLAUSES AND THE TERMS OF THE CONTRACT, THE FORMER WILL PREVAIL.

1 DEFINITIONSIn these conditions:

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

“Contract” means the contract between the Purchaser and the Supplier consisting of the Purchase Order, , the Mandatory OGC Model Agreement Clauses, quote or tender accepted by the Purchaser, these Conditions and any other documents (or parts thereof) specified in such Purchase Order, tender or quote and any Schedules annexed;

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

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

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

“Services” mean the services to be provided as specified by the Purchaser in the Purchase Order and shall, where the context so admits, include any materials, articles and goods to be supplied thereunder;

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

2 THE SERVICES2.1 The Supplier shall perform and the Purchaser shall accept the Services in accordance with any written quotation of the Supplier which is accepted by the Purchaser, or any written order of the Purchaser which is accepted by the Supplier, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.

2.2 The Supplier shall perform the Services with reasonable skill, care and diligence and to the reasonable satisfaction of the Purchaser and the Services shall conform in all respects with any particulars specified in the Contract and in any variations thereto.2.3 The Services shall conform in all respects with the requirements of any statutes, orders, regulations or bye-laws from time to time in force.

2.4 In all circumstances, the Purchaser relies on the skill and judgement of the Supplier in the performance of the Services and the execution of the Contract.

3 DELIVERY3.1 The Services shall be provided at the Premises or such other location as specified by the Purchaser. Any access to the Premises and any labour and equipment that may be provided by the Purchaser in connection with performance of the Services shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of performance of the Services to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of its employees, servants, agents or sub-contractors.

3.2 Where any access to the Premises is necessary in connection with performance of the Services, the Supplier and any employees, servants, agents or sub-contractors shall at all times comply with the reasonable requirements of the Purchaser’s security and fire arrangements and shall

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conduct themselves in an appropriate manner to minimise disruption to the locality, others working and neighbours of such Premises.

3.3 Time of performance of the Services shall be of the essence and failure within the time promised or specified shall enable the Purchaser (at its sole option) to release itself from any obligation to accept and pay for the Services and/or cancel all or part of the Contract therefor, in either case without prejudice to its other rights and remedies.

4 CHANGE TO CONTRACT REQUIREMENTS4.1 The Purchaser may order any variation to any part of the Services that for any other reason shall, in its opinion, be desirable. Any such variation may include (but shall not be restricted to) additions, omissions, alterations, substitutions to the Services and changes in quality, form, character, kind, timing, method or sequence of the Services.

4.2 Save as otherwise provided herein, no variation of the Services as provided for in Condition 4.1 hereof shall be valid unless given or confirmed in the form of an order given by the Purchaser. All such orders shall be given in writing provided that if for any reason the Purchaser shall find it necessary to give any such order orally, in the first instance, the Supplier shall comply with such oral order which must be confirmed in writing by the Purchaser within 2 working days of the giving of such oral order by the Purchaser, failing which the variation made by such oral order shall cease to have effect on the expiry of the said 2 working day period.

4.3 Where any such variation of the Services made in accordance with Condition 4.1 and 4.2 has affected or may affect the costs incurred by the Supplier in providing the Services, the Supplier will notify the Purchaser in writing of the effect which it has had or may have on the said costs and such notification shall be considered by the Purchaser, who shall take all of the facts into account (including such information as may be provided by the Supplier in respect of the effect which such variation has had or may have on the costs incurred by the Supplier in providing the service) and may authorise such alteration to the sums to be paid to the Supplier in accordance with the provisions of the Contract as are in its opinion, appropriate and reasonable in the circumstances.

5 INSPECTION OF PREMISES AND NATURE OF SERVICES5.1 The Supplier is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied itself in relation to all matters connected with the Services and Premises.

5.2 The Purchaser shall, at the request of the Supplier, grant such access as may be reasonable for this purpose.

6 SUPPLIERS STATUS6.1 In carrying out the Services the Supplier shall be acting as principal and not as the agent of the Purchaser. Accordingly:

6.1.1 the Supplier shall not (and shall procure that its agents and servants do not) say or do anything that might lead any other person to believe that the Supplier is acting as the agent of the Purchaser; and

6.1.2 nothing in the Contract shall impose any liability on the Purchaser in respect of any liability incurred by the Supplier to any other person but this shall not be taken to exclude or limit any liability of the Purchaser to the Supplier that may arise by virtue of either a breach of the Contract or any negligence on the part of the Purchaser, its staff or agents.

7 SUPPLIER’S PERSONNEL7.1 The Supplier shall take the steps reasonably required by the Purchaser to prevent unauthorised persons being admitted to the Premises. If the Purchaser gives the Supplier notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract, the Supplier shall take all reasonable steps to comply with such notice and if required by the Purchaser the Supplier shall replace any

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person removed under this Condition with another suitably qualified person and procure that any pass issued to the person removed is surrendered.

7.2 If and when instructed by the Purchaser, the Supplier shall give to the Purchaser a list of names and addresses of all persons who are or may be at any time concerned with the Services or any part of them, specifying the capacities in which they are so concerned, and giving such other particulars and evidence of identity and other supporting evidence as the Purchaser may reasonably require.

7.3 The decision of the Purchaser as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Supplier has furnished the information or taken the steps required of it by this Condition shall be final and conclusive.

7.4 The Supplier shall bear the cost of any notice, instruction or decision of the Purchaser under this Condition.

8 MANNER OF CARRYING OUT THE SERVICES8.1 The Supplier shall make no delivery of materials, plant or other things nor commence any work on the Premises without obtaining the Purchaser’s prior written consent.

8.2 Access to the Premises shall not be exclusive to the Supplier but only such as shall enable it to carry out the Services concurrently with the execution of work by others. The Supplier shall co-operate with such others as the Purchaser may reasonably require and in accordance with all health and safety laws and regulations.

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

8.3.1 the removal from the Premises of any materials which in the opinion of the Purchaser are either hazardous, noxious or harmful to health or the environment or not in accordance with the Contract, and/or

8.3.2 the substitution of proper and suitable materials, and/or

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

8.4 On completion of the Services, the Supplier shall remove its plant, equipment and unused materials and shall clear away from the Premises all rubbish caused by the provision of the Services and leave the Premises in a neat and tidy condition.

9 TIME OF PERFORMANCEThe Supplier shall begin performing the Services on the date stated in the Purchase Order as the start date and shall complete them by the date stated in the Purchase Order as the end date or continue to perform them for the period stated in the Purchase Order (whichever is applicable). Time is of the essence of the Contract. The Purchaser may by written notice require the Supplier to execute the Services in such order as the Purchaser may decide. In the absence of such notice the Supplier shall submit such detailed programmes of work and progress reports as the Purchaser may from time to time require.

10 PAYMENT10.1 The price of the provision of Services shall be as stated in the Contract and no increase will be accepted by the Purchaser unless agreed in writing before commencement of the provision of the Services.

10.2 Unless otherwise stated in the Contract, payment will be made within 30 days of receipt and agreement of invoices which are to be submitted monthly in arrears, for work completed to the satisfaction of the Purchaser.

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

11 FREE-ISSUE MATERIALSWhere the Purchaser for the purpose of the Contract issues materials they shall at all times remain the property of the Purchaser. The Supplier shall maintain all such materials in good order and condition and shall use such materials solely in connection with the Contract. The Supplier shall notify the Purchaser of any surplus materials remaining after completion of the Services and shall dispose of them as the Purchaser may direct, complying where applicable, at its own cost, with any waste legislation, order, directive or regulations or policy including those referred to in clause 19.2. Waste of such materials arising from bad workmanship or negligence of the Supplier or any of its servants, agents or sub-contractors shall be made good at the Supplier’s expense. Without prejudice to any other of the rights of the Purchaser, the Supplier shall deliver up such materials whether processed or not to the Purchaser on demand.

12 AUDITThe Supplier shall keep and maintain until 2 years after the Contract has been completed records to the satisfaction of the Purchaser of all expenditures which are reimbursable by the Purchaser and of the hours worked and costs incurred in connection with any employees of the Supplier paid for by the Purchaser on a time charged basis. The Supplier shall on request afford the Purchaser or its representatives such access to those records as may be required by the Purchaser in connection with the Contract.

13 CORRUPT GIFTS OR PAYMENTSThe Supplier shall not offer to give, or agree to give, to any employee or representative of the Purchaser any gift or consideration of any kind as inducement or reward for doing or refraining from doing or for having done or refrained from doing, any act in relation to the obtaining or execution of this Contract or any other contract with the Purchaser or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any other such contract. The attention of the Supplier is drawn to the criminal offences created by the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Acts 1906 and 1916 and the Bribery Act 2010 as amended from time to time.

14 PATENTS, INFORMATION AND COPYRIGHT14.1 It shall be a condition of the Contract that, except to the extent the Services incorporate designs furnished by the Purchaser, that nothing done by the Supplier in the performance of the Services shall infringe any patent, trade mark, registered design, copyright or other right in the nature of industrial or intellectual property of any third party, and the Supplier shall indemnify the Purchaser against all actions, claims, demands, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition.

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

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

14.2.2 prepared by or for the Supplier for use, or intended use, in relation to the performance of the Contract are hereby assigned to and shall vest in the Purchaser;

and (without prejudice to Condition 17.2) the Supplier shall not and shall procure that its employees, servants, sub-contractors and agents shall not (except to the extent necessary for the implementation of the Contract), without the prior written consent of the Purchaser, use or disclose any such reports, documents, specifications, instructions, plans, drawings, patents, models, designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to or by reason of the Contract, except information which is in the public domain otherwise than by reason of a breach of this provision, and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser of the Contract in any advertisement without the Purchaser’s prior written consent.

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14.3 The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising.

14.4 The Purchaser will hold and use the information the Supplier provides for the administration of the Supplier’s account. The Purchaser undertakes not to divulge this information to any other party unless required to do so by law or to protect the Purchaser’s own business interests. Occasionally the Purchaser may contact the Supplier about general matters that relate to the Purchaser’s business. If the Supplier does not wish to be contacted about these matters or if the Supplier wishes further information on the Purchaser’s Data Protection Policy, the Supplier should write to the Data Protection Officer, Northern Lighthouse Board, 84 George Street, Edinburgh EH2 3DA.

15 INDEMNITY AND INSURANCE15.1 Without prejudice to any right or remedies of the Purchaser, the Supplier shall indemnify the Purchaser against all actions, liabilities, suits, claims, damages, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any breach of the Contract by the Supplier, any negligent or wilful act or omission of the Supplier, or any defect in the Services.

15.2 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser), the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser.

15.3 The Supplier shall have in force and shall require any sub-contractor to have in force at all times whilst engaged in the delivery of the Services on the Premises:

15.3.1 employer’s liability insurance in accordance with any legal requirements for the time being, and

15.3.2 public liability insurance for not less that £5 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing, and in such sum and range of cover as the Supplier deems to be appropriate from time to time, but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions.

15.4 The policy or policies of insurance referred to in Condition 15.3 shall be exhibited to the Purchaser whenever requested, together with satisfactory evidence of payment of premiums.

16 DISCRIMINATION16.1 In relation to the Contract, the Supplier shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976, the Sex Discrimination Act 1975, the Disability Discrimination Act 1995, the Equality Act 2006, the Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof relating to discrimination in employment all of which acts and regulations are now consolidated in the Equality Act 2010. The Supplier shall take all reasonable steps to secure the observance of these provisions by all servants, employees or agents of the Supplier and all sub-contractors employed in the execution of the Contract.

16.2 The Supplier acknowledges that it shall be responsible for obtaining a copy of the Purchaser’s (i) Code of Respect; and (ii) Dignity at Work Policy and the Supplier shall be responsible for ensuring that it and all servants, employees and agents of the Supplier and all sub-contractors employed in the performance of the Supplier’s obligations under the Contract shall comply with the provisions and the spirit of such documents and the Purchaser shall use its reasonable endeavours to provide the Supplier with copies of such documents.

17 CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION

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17.1 The Supplier undertakes to abide and procure that its employees abide by the provisions of the Official Secrets Acts 1911 to 1989.

17.2 The Supplier shall keep secret and not disclose and shall procure that its employees keep secret and do not disclose, any information of a confidential nature obtained by it by reason of the Contract except information which is in the public domain otherwise than by reason of a breach of this provision.

17.3 All information related to the Contract which is held by the Supplier on behalf of the Purchaser shall be regarded as being held by the Purchaser and is subject to the provisions of the Freedom of Information Act 2000 (the “FoIA”).

17.4 The parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FoIA, the content of the Contract is not Confidential Information. The Purchaser shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FoIA. Notwithstanding any other term of the Contract, the Supplier hereby gives its consent for the Purchaser to publish the Contract in its entirety, (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including from time to time agreed changes to the contract, to the general public. The Purchaser may consult with the Supplier to inform its decision regarding any redactions but the Purchaser shall have the final decision in its absolute discretion. The Supplier shall assist and cooperate with the Purchaser to enable the Purchaser to publish the Contract.

17.5 The Purchaser may disclose all such information as aforesaid related to the Contract and the Purchaser shall not be liable for any such disclosure, including without limitation, (i) the disclosure of any information which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA; and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract; or (ii) notified to the Purchaser in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information: (a) which is provided by the Supplier to the Purchaser in confidence for the period set out in that Schedule or notification; and/or (b) which constitutes a trade secret.

17.6 Disclosure may be made by the Purchaser of such information relating to the outcome of the procurement process as may be required to be published in the Official Journal of the European Union or elsewhere in accordance with any EU or UK legislation, statute, order, directive, regulation or government policy on the disclosure of information regarding government contracts. This disclosure may include the number of tenders received, the identity of the successful tenderer, the winning contract price, the specification of goods or services to be supplied, terms and conditions of contract, quality and performance standards, and subsequent performance against those quality and performance standards.

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

17.8 The Supplier acknowledges that it is aware that the Purchaser is obliged to comply with the ISO27001 Information Security standards and the Supplier hereby agrees that it shall immediately do all things which are reasonably requested by the Purchaser in order that the Purchaser complies with such standards or any other standards which apply to the Purchaser in relation to the use of its information technology by the Supplier or any of its servants, employees, agents or sub-contractors (including without limitation immediately providing the Purchaser with details of the Supplier’s policies, procedures, systems and measures pertaining to the protection of its own information technology when so requested).

17.9 The provisions of this Condition 17 shall apply during the continuance of the Contract and after its termination howsoever arising.

18 TERMINATION18.1 The Supplier shall notify the Purchaser in writing immediately upon the occurrence of any of the following events:

18.1.1 where the Supplier is an individual and if a petition is presented for the Supplier’s bankruptcy or the sequestration of his estate or a criminal bankruptcy order is made against the Supplier, or he is apparently insolvent, or he makes any composition or arrangement with or for the benefit of creditors, or makes any conveyance or assignation for the benefit of creditors, or if an administrator or trustee is appointed to manage his affairs; or

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18.1.2 where the Supplier is not an individual but is a firm or a number of persons acting together in any capacity, if any event in 18.1.1 or 18.1.3 of this Condition occurs in respect of the firm or any partner in the firm or any of those persons or a petition is presented for the Supplier to be wound up as an unregistered company; or

18.1.3 where the Supplier is a company, if the company passes a resolution for winding-up or dissolution or enters liquidation (otherwise than for the purposes of and followed by a bona fide scheme of solvent amalgamation or reconstruction) or the court makes an administration order or a winding-up order, or the company makes a composition or arrangement with its creditors, or an administrator, administrative receiver, receiver or manager is appointed by a creditor or by the court, or possession is taken of any of its property under the terms of a fixed or floating charge.

18.1.4 the Supplier ceases or threatens to cease to carry out the Services.

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

18.1.6 the Purchaser reasonably apprehends that any of the events contained in this Condition 18.1 is about to occur in relation to the Contract and notifies the Supplier accordingly.

18.2 On the occurrence of any of the events described in Condition 18.1 or, if the Supplier shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days of being required by the Purchaser in writing to do so or, where the Supplier is an individual and he has died or been adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983 or of Part V of the Mental Health (Scotland) Act 1984 and/or the Adults with Incapacity (Scotland) Act 2000, the Purchaser shall be entitled to terminate the Contract by notice to the Supplier with immediate effect. Thereafter and without prejudice to any other of its rights, the Purchaser may complete the Services or have them completed by a third party, using for the purpose (making a fair and proper allowance therefor in any payment subsequently made to the Supplier) all materials, plant and equipment on the Premises belonging to the Supplier, and the Purchaser shall not be liable to make any further payment to the Supplier until the provision of the Services has been completed in accordance with the requirements of the Contract, and shall be entitled to deduct from any amount due to the Supplier the costs thereof incurred by the Purchaser (including the Purchaser’s own costs). If the total cost to the Purchaser exceeds the amount (if any) due to the Supplier, the difference shall be recoverable by the Purchaser from the Supplier.

18.3 In addition to its rights of termination under Condition 18.1 and 18.2, the Purchaser shall be entitled at all times to terminate the Contract by giving to the Supplier not less than 30 days notice to that effect.

18.4 Termination under paragraphs 18.1, 18.2 or 18.3 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Purchaser and shall not affect the continued operation of Conditions 14 and 17.

19 HEALTH & SAFETY AND ENVIRONMENT19.1 The Supplier shall perform the Services in such a manner as to be safe and without risk to the health or safety of persons in the vicinity of the place where the Services are being performed (whether such persons are in the vicinity of the said place at the time when the Services are being performed or otherwise) and in such a manner as to comply with any relevant health and safety or other legislation (including statutory instruments, orders, or regulations made under the said legislation and including without limitation The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007, the UK Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 and the Health and Safety at Work etc Act 1974 as the same may be amended, updated or replaced from time to time and any requirements imposed by a local or other regulatory authority in connection with the performance of services of the type supplied to the Purchaser, whether specifically or generally. The Supplier shall indemnify the Purchaser against all liability, actions, suits, claims, damages, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any breach of this paragraph.

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19.2 The Supplier shall be responsible for ensuring that it performs its obligations under the Contract so as to ensure that all aspects of the Project comply with the provisions of Directive 2002/96/EC on Waste Electrical and Electronic Equipment as implemented by The Waste Electrical and Electronic Equipment Regulations 2006 and amended by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007; The Waste Management Licensing Amendment (Scotland) Regulations 2006 (SI 2006 No. 541); The Waste Management Licensing Amendment (Waste and Electronic Equipment) (Scotland) Regulations 2007 (SI 2007 No.172) and Directive 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances in Electronic and Electrical Equipment implemented by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 as all of the aforesaid may be amended, updated and replaced from time to time and the Supplier shall provide the Purchaser with such evidence that the Purchaser requires (acting reasonably) of such compliance.

20 RECOVERY OF SUMS DUEWherever under the Contract any sum of money is recoverable from or payable by the Supplier, that sum may be deducted from any sum then due, or which at any later time may become due, by the Purchaser to the Supplier under the Contract or under any other agreement or contract between the Purchaser and the Supplier.

21 ASSIGNATION AND SUB-CONTRACTING21.1 The Supplier shall not assign or sub-contract the whole or any portion of the Contract without the prior written consent of the Purchaser. Sub-contracting any part of the Contract, shall not relieve the Supplier of any obligation or duty attributable to it under the Contract or these Conditions.

21.2 Where the Purchaser has consented to the placing of sub-contracts, copies of each sub-contract shall be sent by the Supplier to the Purchaser immediately it is issued.

22 NOTICESAny notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by the recorded delivery service or transmitted by facsimile transmission or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Purchase Order (or to such other address as the party may by notice to the other have substituted therefor) and shall be deemed to have been delivered on the day it was sent if a business day, or if not a business day, then on the next occurring business day thereafter.

23 ARBITRATION23.1 All disputes, differences or questions between the parties to the Contract with respect to any matter or thing arising out of or relating to the Contract, other than a matter or thing as to which the decision of the Purchaser is under the Contract to be final and conclusive, and except to the extent to which special provision for arbitration is made elsewhere in the Contract, shall be referred to a single arbiter to be mutually chosen by the parties or failing agreement, nominated by the President of the Law Society of Scotland for the time being on the application of either party. Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 2010.

23.2 The place of the arbitration shall be Scotland and the arbitration shall be conducted in accordance with the rules as set out in the said Arbitration (Scotland) Act 2010.

24 HEADINGS & MISCELLANEOUS24.1 The headings to these Conditions shall not affect their interpretation.

24.2 Each clause of these Conditions and every part hereof shall be separate and severable to the extent that if one clause of part thereof shall be unenforceable the other clauses and other parts of the clause respectively shall be effective.

24.3 No waiver of any of these Conditions by the Purchaser shall be construed as a waiver of any subsequent breach of the same or any other provision.

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24.4 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

24 TUPEWith respect to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “Regulations”) on the termination of the Contract by whatever means, the Supplier warrants and undertakes to the Purchaser that the Regulations will not apply in respect of any of the employees of the Supplier concerned in the supply of services to the Purchaser comprised in the Contract and that there will be no transfer or deemed transfer of any such employees to the Purchaser on the termination of the Contract or any subsequent termination of the contracts of the said employees by the Supplier as a direct consequence of the termination of the Contract.

25 GOVERNING LAWThese Conditions shall be governed by and construed in accordance with Scots law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the Scottish courts. The submission to such jurisdiction shall not (and shall not be construed so as to limit the right of the Purchaser to take proceedings against the Supplier in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not.

SUPPLEMENTARY NOTICE

PROMPT PAYMENT

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

This notice does not form part of the Contract.

Version 91 April 2012

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Appendix IX

TENDER RETURN LABEL

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