The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
INVITATION TO TENDER
FOR THE SUPPLY OF: GLA VSAT SATELLITE
BROADBAND
REF: GLA/VSAT/0876
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
CONTENTS
INTRODUCTION …………………………………………………………………………………………………….
3
BACKGROUND INFORMATION …………………………………………………………………………………..
4
BACKGROUND INFORMATION PROJECT……………………………………………………………………...
5
TENDER INFORMATION …………………………………………………………………………………………..
8
GROUNDS FOR DISQUALIFICATION…………………………………………………………………………….
11
CONTRACT INFORMATION……………………………………………………………………………………….
12
CONTRACTORS RESPONSIBILITIES ……………………………………………………………………………
18
SPECIFICATION OF TECHNICAL REQUIREMENTS …………………………………………………………..
20
SECTION 1 ……………………………………………………………………………………………………………
21
SECTION 2…………………………………………………………………………………………………………….
29
SECTION 3…………………………………………………………………………………………………………….
37
PRICING SCHEDULE ……………………………………………………………………………………………….
38
TENDERER INFORMATION SCHEDULE…………………………………………………………………………
46
INSTRUCTIONS TO TENDERERS…………………………………………………………………………………
58
STATEMENT RELATING TO GOOD STANDING ……………………………………………………………….
60
DISCRETIONERY GROUNDS FOR REJECTION ……………………………………………………………….
62
DECLARATION OF NON-COLLUSION…………………………………………………………………………..
63
FORM OF TENDER …………………………………………………………………………………………………
64
TENDER EVALUATION MATRIX ……………………………………………………………………………….
66
TERMS & CONDITIONS OF CONTRACT ………………………………………………………………………
71
SCHEDULE 1………………………………………………………………………………………………………..
89
SCHEDULE 2………………………………………………………………………………………………………..
90
SCHEDULE 3……………………………………………………………………………………………………….
91
SCHEDULE 4………………………………………………………………………………………………………….
92
SCHEDULE 5………………………………………………………………………………………………………..
93
TENDER RETURN LABEL …………………………………………………………………………………………
94
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Introduction
This tender is issued by the Northern Lighthouse Board (NLB) on behalf of the General Lighthouse
Authorities (GLAs) for the United Kingdom and Ireland.
Please ensure you understand all aspects of this document and you should be aware that all
information contained within this tender will be used by the GLAs for the purposes of this project only.
This tender is subject to the EU Procurement Directive 2004/18/EC Open Procedure and our notice
2013/S XX-XXXXXX was published by OJEU on Friday 31st May 2013
No information contained in this document, or in any communication made between the GLAs and
any Tenderer in connection with this tender exercise, shall be relied upon as constituting a contract,
agreement or representation that any contract shall be offered in accordance with this tender
exercise. The GLAs 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 the GLAs incur any liability in respect of this
tender exercise or any supporting documentation.
Direct or indirect canvassing of any GLA Board members, GLA staff, public sector employee or agent
by any potential bidder concerning this requirement, or any attempt to procure information from any
GLA Board members, GLA staff, public sector employee or agent concerning this tender exercise
may result in the disqualification of the Tenderer from consideration for this requirement.
The GLAs will not reimburse any costs incurred by Tenderers in connection with preparation and
submission of their responses to this tender exercise.
All information contained within this document will be used to inform the GLAs project team relating to
this project alone.
Tenderers are advised to answer all questions. While a lack of response may not preclude you from
consideration, the GLAs may request no further information before the evaluation of responses.
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.
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 GLA 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 16/17 – Freedom of Information Act 2000 and Transparency.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Background Information - GLAs
The General Lighthouse Authorities (GLAs) for the United Kingdom and Ireland are the
Commissioners of Northern Lighthouses, operating as the Northern Lighthouse Board (NLB), the
Commissioners of Irish Lights (CIL) and Corporation of Trinity House (TH) 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.
The costs of the GLAs' services are met from the General Lighthouse Fund (GLF). The income to the
GLF comes mostly from light dues which are charged on commercial shipping at United Kingdom and
Republic of Ireland ports. There is no provision for Exchequer funding except in the Republic of
Ireland and in relation to guarantees under the GLAs’ borrowing powers. The Secretary of State for
Transport has a duty to ensure the effective management of the GLF and enable the adequate
provision of aids to navigation at the minimum cost.
The GLAs’ primary responsibilities are set out in Parts VIII and IX of the UK Merchant Shipping Act
1995 and in the case of CIL’s statutory undertaking in respect of the Republic of Ireland, Part XI of
the Merchant Shipping Act 1894 and the Merchant Shipping (Salvage and Wrecks) Act 1993. These
responsibilities include, but are not limited to provision of aids to navigation for general navigation,
superintendence and management of all aids to navigation within their respective areas and marking,
removal and/or dispersal of wrecks considered to be a danger to navigation outside harbour areas.
Through 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 Organisation’s Safety of Life at Sea
(Solas) Convention.
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.
In the furtherance of their duties the GLAs have various bases of operation and assets, owned,
leased and contracted, around the coastlines of the Great Britain and Ireland including depots,
lighthouses, beacons, ships, boats and helicopters. The principal maritime assets are multi function
tenders (MFTs) with helicopter-operating capabilities, the tasks of which are to supply stores, fuel,
water, materials, equipment and personnel to service, maintain, construct and repair various types of
floating and fixed Marine Aids-to-Navigation.
The joint mission of the GLAs is:
"To deliver a reliable, efficient and cost effective Aids-to-Navigation service for the benefit and
safety of all mariners."
For further information please visit our websites: www.nlb.org.uk www.cil.ie www.trinityhouse.co.uk
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Background Information – Project
The background information provided is supplementary to the Specification of Technical
Requirements starting at Page 20.
The purpose of this tendering exercise is to conduct the first Inter General Lighthouse Authority (GLA)
collaborative procurement exercise for the Satellite Broadband Services and Maintenance/Support
Services for initially Trinity House and Northern Lighthouse Boards vessels, with the option for the
Commissioners of Irish Lights to opt into any proposal submitted by the successful Tenderer/s.
Vessels included in this tendering exercise consist of:
General
Lighthouse
Authority
(GLA)
The Northern
Lighthouse
Board
NLV PHAROS
NLV POLE STAR
Commissioners
of Irish Lights
Trinity House
THV ALERT
THV PATRICIA
THV GALATEA
ILV GRANUAILE
As part of this procurement exercise the GLAs are looking for a single point of contact supplier that
can provide reliable Satellite Communication coverage for all the working waters of each GLA and
Maintenance/Support for existing VSAT equipment on each vessel. The geographical working areas
are listed below for each GLA and consist of:

Northern Lighthouse Board - The NLB Vessels are generally working out of our Oban
Depot on the West coast of Scotland and are mostly found working in the waters around
Scotland, from the north tip of Shetlands and Outer Hebrides down to the Isle of Man
servicing Buoys and lighthouses. There are occasions however when they must travel further
afield to areas such as English, Irish waters and to Norway

Trinity House - Trinity House are the General Lighthouse Authority (GLA) for England,
Wales, the Channel Islands.

Commissioners of Irish Lights – The Commissioners of Irish Lights are appointed under
statute to act as the General Lighthouse Authority for Ireland. The Commissioners are
responsible for the superintendence and management of the Aids to Navigation around the
coast of all of Ireland, its adjacent seas and islands.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Hardware
All satellite communications hardware onboard all the GLA’s Vessels are currently owned including
VSAT, modems, Fleet77/33 and various other communication equipment. It is the GLA’s intention to
continue to use existing equipment for the new contract unless an appropriate argument, technical
reason and condition reports including equipment whole life cycle estimates is put forward to validate
and equipment upgrades or replacements.
Tenderers will be asked to provide options pricing for both lease and purchase replacement
equipment if required.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
A list of the existing equipment currently held on each GLA vessel is listed below:
Granuaile
 SeaTel 4006 1.0m Ku
Band Antenna and
DAC Controller
 iRG-S2 Satellite
Modem
 Ku Band 4W BUC and
PLL LNB
 3COM 8 Switch and
VoIP 2 Port Telephone
Adapter
 700 VA UPS
NLV Pharos
 SeaTel 4003 1m
Antenna
 Antenna Control unit
 iDirect Modem
 Garmin GPS
 19” 10U Wall
mounted Rack
 1KW UPS
 Cisco 1760 Router
 Cisco 2950 Switch
 Fleet 77 Immersat
System
 VOIP Telephones
NLV Pole Star
 SeaTel
4003
1m
Antenna
 Antenna Control Unit
 iDirect Modem
 Garmin GPS
 19”
10U
Wall
mounted Rack
 1KW UPS
 Cisco 1760 Router
 Fleet 33 Immersat
System
 VOIP Telephones
THA Alert
THA Galatea

Sailor 4000 Transceiver /
DSC

Litton Marine LMS –
DT4646E data terminal
 Sailor ICHU 1000 Iridium
telephone system


Litton Marine LMS – H2095C
immarsat C transceiver
 Sea-Tel satellite
communication system
Sailor RT2047 VHF R/T
(radio rm)


Litton Marine HC4500
MF/HF control unit
 Sea-Tel DAC-2200 satellite
TVRO system
Sailor RT2048 (bridge
port)


SeaTel 4003 + DAC-97sat
data transfer
 Thrane & Thrane Inmarsat C
H2095C earth station
Sailor RT2048 (bridge
centre)


Sperry Marine Navitron
NT9250CA off course alarm
 Thane & Thane Inmarsat Fleet
F77 earth station
Sailor RT2048 (bridge
stbd)


McMurdo Sart 11
Sailor RT2048 / RM2042
DSC (chart table)

Jotron EPIRB Tron 40S
 Navitron NT925OCA off course
alarm

Park Air airband VHF

Iridium satcon SC4000 Sailor

Sperry Marine VDR
voyagemaster DAU S/N
08050317
 Sperry VMS NAVI-ECDIS
system

Sperry Marine Gyro compass
Navigat 2100 FOG

Sperry Marine Gyro repeater
DTR 600

Sperry Marine ECDIS VMS –
NAVIECDIS V7.1

SeaTel 3004-14 + DAC 2200
TV sat antenna system

Sailor RT4822 VHF
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THA Patricia

Satcom Saturn B
 MX Marine MX420 & MX521
DGPS system

Marconi Lodestar D/F
 Sperry/SAAB R-4AIS automatic
identification system

Lokata Navtex Receiver
 Jotron Tron 40S emergency
EPIRB
 Sailor SART 9hz search &
rescue transponder
 Sailor HC4500 GMDSS MF/HF
radio system
 Sailor RT5022/RT5020 VHF
DSC duplex radios
The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Maintenance/Support
All Satellite communications hardware will be supported by the successful Tenderer on either a fully
comprehensive maintenance/support agreement or a ‘pay as you use’ service option. Full details can
be found in the Pricing Schedule. Tenderers must also provide a list of options available in Schedule
Part 3.
What we expect from this tender exercise
This is a collaborative exercise for the GLAs involving many staff across all our organisations.
Therefore, it is critical to the project success that we provide our Tenderers with sufficient information
during the tender exercise to allow you to submit an appropriate and informed bid.
We are looking for Tenderers to provide information on their product that currently meets or shall
meet this specification. This must include full product information.
You do have the opportunity to raise any questions up to 12:00 hours (noon) on Wednesday10th July
2013 (full details can be found on the following page).
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Tender Information
Tender Process
All enquiries, without exception, must be addressed, to Fiona Lynch as the single point of contact for
this exercise on behalf of the GLAs, 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 the GLAs 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 12:00 hours (noon) on Wednesday 10th July 2013.
Fiona Lynch
Commercial Manager
Northern Lighthouse Board
84 George Street
Edinburgh
EH2 3DA
United Kingdom
Email: procurement@nlb.org.uk
Fax: +0044 131 473 2436
Completed Tenders should be forwarded using the label provided at Appendix IX to:
Director of Finance
Northern Lighthouse Board
84 George Street
Edinburgh
EH2 3DA
United Kingdom
Email tenders to : tenders@nlb.org.uk
The closing date for receipt of tenders is Tuesday 16th July 2013 at 12:00 hours (noon). Email
and Facsimile copies will only be accepted if the original is received within two working days of this
deadline. It is in your interest to ensure that all the information requested is provided in your tender
submission and that your submission reaches us by the closing date.
NLB has a strict procedure for the control of information and the management of its tender processes.
All tender submissions received prior to the tender return deadline will be placed by our Reception
Staff within a double locked tender box. The Director of Finance and Commercial Manager each have
one key to this box and they or their representatives must both be present to enable opening. This
box is only opened after the tender return deadline and the tenders for each project are removed for
opening and the box locked. Therefore it is essential that the outer envelope of your tender bears the
tender label provided.
Tenders are opened by the Director of Finance and the Commercial Manager (or their appointed
representatives) and formally recorded; each page is endorsed and checked for alterations etc.
Tenders are then given to the Commercial Section for evaluation.
You should note that we may seek amplifying information from Tenderers, or from third parties in
amplification of any part of the submission.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
You must address all aspects of pricing within your tender submission including the method
of pricing. Please ensure that you detail all costs involved with your offer and any associated
costs. The GLAs 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.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Submitting a Tender
All Tenders are submitted entirely at the cost of the Tenderer. The GLAs will not be responsible for
any costs associated with any tender submission or subsequent activities. Please note that all
tenders must be submitted in hard copy with one electronic copy on CD in PDF or similar
format using the label provided, by the closing date. Tenders received after the closing deadline
may not be considered.
Whilst Tenders must be returned in hardcopy using the label provided at Appendix VII, you can also
email your Tender submission to tenders@nlb.org.uk if you wish to ensure delivery before the
deadline. Please put “Tender Ref: GLA/VSAT/0876 ” 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. We can receive emails in
most formats and Word, Excel and PDF are preferable. 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 advise us 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 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. The GLAs 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.
The GLAs may request to visit your premises, visit reference sites or undertake any appropriate
action required as part of the tender evaluation. Any sample equipment if required must be delivered,
entirely at the Tenderers own cost. Participation in all aspects of this tender exercise 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.
You may find the following GLA Guide to Potential Suppliers interesting as it provides useful
tips and advice:
IGC10 - GLA
Procurement Guide.doc
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Tender Submission Requirements
Your tender proposals must include all the information requested throughout this document, including:






A covering letter
Form of Tender completed
Declaration of Non-Collusion completed
Statement Relating to Good Standing completed
Schedule of Supplier Information completed
Pricing Proposals covering the goods and services clearly indicating what is being tendered for
and including a price adjustment mechanism.
 Details of how the contract will be operated and managed.
 Your response to the Specification of Technical Requirements
 A response to all information requested within this document, including any alternative offers.
 Full details of the responsible person(s)/account manager allocated to the contract
 Any further information you deem relevant, any qualification of tender or other supporting details.
 Clear notification of any of the areas of our requirements that cannot be provided.
It is in your interest to ensure that all the information requested is provided within your tender
submission. Incomplete tenders may be disqualified.
Grounds for Disqualification
Some of the grounds on which your tender may be disqualified are set out below. These include but
are not limited to:
 Incomplete Tender submission – this includes not providing all the information requested, not
returning the correct documents, insufficient information provided and failure to sign the
documents within the ITT.
 Late submission of Tender – not received by tender deadline.
 Incorrect, or changes to, information supplied in your tender.
 Lack or breach of confidentiality.
 Publicity of involvement with this exercise.
 Undeclared collusion including but not limited to collusion with other companies – the form at
Appendix 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 the GLAs whether directly or
indirectly.
 Collusive Tendering – as detailed within the Declaration of Non-Collusion.
 Anti-competitive practice.
 Bribery.
 Discrimination – breaches of legislation or individual GLA policy.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Contract Information
General
General
Appendix VII provides the GLAs Terms and Conditions of Contract.
This contract shall be an agreement for the supply of Satellite Broadband Services. The agreement
may be awarded in whole or in part, however the GLAs reserve the right not to make an award for any
part of this project which includes air time, hardware and maintenance. Any quantities referred to within
this document will be indicative and official purchase order(s) will be issued for requirements during the
agreement period by each GLA.
These terms together with the information contained within our invitation to tender package and
relevant parts of the successful tender submission will be used to form a final agreement, to be
agreed by the GLAs and the successful Tenderer(s).
Please be aware that acceptance of the agreement terms forms part of our evaluation criteria and the
GLAs do not intend to negotiate the final conditions of the agreement. All variances and qualifications
proposed must be clearly presented within tender submissions as an appended schedule.
This agreement shall be let in Mid September 2013 approximately and will run for a period of three (3)
years and will have an option to extend for a further one (1) year. Any future requirements will be
subject to competitive tendering in line with the current UK and EU Procurement Directives.
The GLAs will each purchase services from the agreement created by this tender exercise on an
individual basis, in line with each GLA's vessels requirements including scope for any emergent
requirements. If more than one Tenderer is awarded a Lot, then these Lots will be let and will operate
within the requirements for any agreements made.
Please refer to the Specifications of Technical Requirements starting on Page 20 for further information.
Alternative Solutions or Variations
We recognise that Tenderers may not be able to provide a solution that is 100% compliant with our
requirements. Compliance is important to the GLAs to ensure we achieve our project objectives
Tenderers must ensure that all offers are fully detailed within their tender submission, showing where
they vary from the requirements and agreement terms provided, what the alternative proposals will
deliver to the GLAs 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 VI. 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 the GLAs services to
the Mariner. Appendix I– Instructions to Tenderers Clause 8 also refers.
Variations or alternative solutions provided must not be materially different to our requirements as any
variations or alternatives provided that are materially different will not be considered.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Additional Features/Enhancements
Please ensure that your tender submission addresses all the features of your proposal, this includes
standard features that we have not detailed within our requirements specification. We would ideally
like to see the added benefits of the additional features and where you believe these will be of benefit
to the GLAs. These can be listed in Schedule 1 to 5 and pricing for these elements can be shown in
Pricing Schedule.
Case Studies
Please ensure that your tender submission includes case studies and customer reference contact
details for at least 3 installations similar to those being requested in this tender.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Contract Award Criteria
The criteria and weightings shall be used to assess the tenders received, with a view to awarding the
contract, the full evaluation matrix being used can be found in Appendix VI The GLAs reserve the
right to award the Contract in whole or in part and to make no award of contract if necessary.
Contract Award Criteria –
The GLA’s reserve the right to award the Contract in whole or in part and to make no award of
contract if necessary. The GLA’s may appoint more than one contractor.
Evaluation of Tender Criteria and Relative Weighting
 Price, Financial Status of the Supplier, Acceptance of GLA`s Terms and Conditions of
Contract (40%)
Weighting
10%
 Lease or Purchase costing for the Proposed Satellite
Broadband Solution
15%
 Costing for the Satellite Air Tariff, Call Costs & Data
5%
 Costing for Delivery, Installation & Commissioning
5%
 Additional Projects – Rate, Travel & Subsistence & Mileage
5%
 Financial Viability based on Z score and Dun & Bradstreet Risk
of Business failure

Fitness for Purpose; Quality and Suitability of Products, (45%)










System Software
System Hardware
Outline Project Plan, Design, H & S Information & Method
Statements
Air Tariff Charges proposal
Call Charges proposal
Data Charges proposal
Proposed Maintenance & Support
Service Level Agreements
User/Operator Training
Previous relevant experience including relevant case studies
and site references?
 Site Visit (Pass/Fail)
Tenderers or their representatives submitting a tender that have not
attended the site visit will not be considered for this Tender
Site Visit

Weighting
5%
5%
5%
5%
5%
5%
5%
5%
2%
3%
Weighting
Pass/Fail
Company Information (15%)
Compliance with terms and conditions
Information provided in the Tenderer information schedule –
Organisation, Capability, Insurance, Disputes, Quality Assurance,
Health, Environmental Issues, Equality and CSR
Pricing Mechanism for proposed Increases
5%
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Weighting
Yes/No
10%
The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Contract Pricing
Tenderers must provide a schedule of rates covering all proposals, using the Pricing Schedule on
Page 38 and appending any additional information in Schedules 1 to 5.
Delivery
Please be aware that delivery may be to any of the addresses listed below or to any other addresses
specified on the Official Purchase Order issued:
Commissioners of Irish Lights
Harbour Road
Dun Laoghaire
County Dublin
Republic of Ireland
Northern Lighthouse Board
Gallanach Road
Oban
Argyll
PA34 4LS
United Kingdom
Trinity House
Trinity House Buoy Shed
George Street
Harwich
CO12 3ND
United Kingdom
Trinity House
Trinity House Depot
Kings Dock
Swansea
SA1 8QT
United Kingdom
Timetable
Set out below is the proposed procurement timetable. This is intended as a guide and, whilst we do
not intend to depart from the timetable, it reserves the right to do so at any time.
Target Date
Activity
Friday 31st May 2013
OJEU Open Procedure contract notice sent for publication
Friday 31st May 2013
Tender documents will be downloadable from NLB’s Procurement
Portal http://nlb.g2b.info
Site Visits - The Northern Lighthouse Board - NLV Pharos & NLV
Pole Star
By Mutually
Agreement prior to
Tender Return
deadline
By Mutually
Agreement prior to
Tender Return
deadline
Tuesday 16th July
2013
Friday 30th August
2013
Monday
2nd
September 2013
Thursday
12th
September 2013
Friday
13th
September 2013
Site Visits - Trinity House
Tender Return Deadline
Evaluation of tenders completed (approximate date)
10 working day standstill period (known as the Alcatel judgement) with
issue of letter of intent
Contract Award
Contract commences
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Mandatory Standstill Period (Alactel Judgement)
The GLAs will incorporate a minimum 10 working day standstill period (electronic transmission) or 15
working days (by postal service) at the point information on the award of the contract is
communicated to all Tenderers. This period allows unsuccessful Tenderers to seek further debriefing
from NLB before the contract is entered into. Applicants have 2 working days from the notification of
the award decision to request additional debriefing and that information/debriefing has to be provided
a minimum of 3 working days before the expiry of the standstill period. If this does not happen the
standstill period must be extended by 3 working days from the date of the last debrief.
If an appeal regarding the award of a contract has not been successfully resolved the Public
Contracts (Amendment) Regulations 2009 (SI 2009/2992) and The Public Contracts and Utilities
Contracts (Scotland) Amendment Regulations (SI 2009 No. 428) provide for aggrieved parties who
have been harmed or are at risk of harm by a breach of the rules to take action in the High Court
(England, Wales and Northern Ireland) and the sheriff court, the Court of Session (Scotland). Any
such action must be brought promptly. NLB is now automatically obliged to suspend the contractmaking when a legal challenge to the contract award decision is launched. The Court may order the
(prospective) ineffectiveness of a contract where certain serious rule breaches have occurred. This
will be coupled with a fine on NLB. They can also provide for alternative penalties (contract
shortening, fines, or both) instead of ineffectiveness, in certain situations where ineffectiveness is
inappropriate. More information can be obtained from The Office of Government Commerce
http://www.ogc.gov.uk/procurement_policy_and_application_of_eu_rules_guidance_on_the_UK_regul
ations.asp and also http://www.scotland.gov.uk/Topics/Government/Procurement/policy/Legislation
Freedom of Information Act 2000
The Northern Lighthouse Board is a public authority in terms of the Freedom of Information Act 2000
and is under a duty to disclose information relating to all contracts it enters into with third parties with
the exception of information of which the disclosure (a) would constitute an actionable breach of
confidence owed to the party providing the information; or (b) would be likely to prejudice the
commercial interests of the party providing the information. This also applies to information supplied
to us during the pre-qualification process. Our scheme for disclosing information is available from our
website at www.nlb.org.uk
In respect of any information submitted by a Tenderer that it considers being commercially sensitive
the Tenderer should:
1. clearly identify such information as commercially sensitive;
2. explain the potential implications of disclosure of such information; and
3. 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 your completed Tender.
Where a Tenderer identifies information as commercially sensitive, NLB will endeavour to maintain
confidentiality. Tenderers 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
The Corporation of Trinity House, whilst not designated as a public authority pursuant to the Freedom
of Information Act 2000, has elected to act within the spirit of the legislation where appropriate, and as
such will provide such information as requested, with the exception of information of which the
disclosure would (a) constitute an actionable breach of confidence owed to the party providing the
information; (b) be likely to prejudice the commercial interests of the party providing the information;
or (c) by its involvement with marine navigation, represent a threat to international marine security.
The Commissioners of Irish Lights is not designated as a public authority pursuant to the Freedom of
Information Act 2000.
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Transparency
To help achieve greater transparency across its operations the Prime Minister has set out the
following requirement “all new central government contracts are to be published in full from January
2011”. This mandatory requirement applies to all contracts over £10,000 and shall apply to any
contract established as part of this tender exercise.
Please be aware that only commercially
sensitive information, which is exempt from disclosure in accordance with the Freedom of Information
Act 2000 (FOIA) can be exempt or redacted and this will be determined at the absolute discretion of
NLB.
It is in your interest, to provide a response with you tender submission where you believe there is
commercially sensitive information, which is exempt from disclosure, as outlined above and in the
Freedom of Information Act 2000 paragraph above. If you do not provide this information, it will be
assumed that there is no commercially sensitive information needing to be exempt or redacted from
publication.
In addition to these transparency requirements the Minister for the Cabinet Office has set out a
requirement for governments departments to identify those new contracts that have been awarded to
an SME from 1 January 2011.
This tender addresses the transparency right to publish within the Supply Agreement and the
identification of contract awards to SMEs within the Form of Tender.
Fair and Open Procurement
The GLAs 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 GLA procurement processes.
The GLAs will not tolerate Contractors or sub-contractors who operate any policy of discrimination,
whether active or passive. If, as a Tenderer to the GLAs, you feel that you have not been given equal
opportunity to promote your products and services during this tender exercise, initial complaints must
be addressed to Fiona Lynch, Commercial Manager, NLB (as detailed on Page 8)
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Contractor’s Responsibilities
Sub-Contractors
Contractors may wish to sub-contract parts of this agreement. You are free to choose your subcontractors but must advise the GLAs of all sub-contractors in writing and in advance of their subcontract offer, the GLAs reserve the right to approve all sub-contractors in advance and subcontractors cannot attend any GLA vessel or site without our prior approval. This will not relieve the
Principal Contractor of any obligation or duty under the agreement. Please provide a detailed list of
all sub-contractors, partners including their roles and responsibilities etc.
Contract Progress Meetings
Progress meetings during the duration of the agreement and each individual contract shall be held at
key stages and may be held at any of the GLAs premises; the Contractor’s premises or any other site
deemed appropriate.
Variations to the Contract (following contract award)
The Contractor shall not vary the Specification unless instructed by the GLAs in writing. The
Contractor may propose Variations to the Contract for the consideration of the GLAs but shall not vary
the Contract unless instructed in writing by the GLAs. During each contract variations to the contract
will be issued in writing in the form of Variation Orders. Variation Orders can only be implemented
upon receipt. The GLAs will not be liable for any costs where formal written instructions have not
been issued by the GLA or GLAs and the Contractor has acted on verbal instruction.
Contractor’s Conduct
Contractors including their staff, sub-contractors and others associated with the Contractor shall
conduct themselves in an appropriate manner whilst on any GLA site or GLA vessel. A good
neighbour approach must to taken to ensure that there is minimum disruption to the locality, others
working and neighbours of the site. The GLAs will investigate all complaints received and take
appropriate action.
Publicity
Publicity in relation to participation with this tender exercise is not permitted in any form. Similarly any
publicity (irrespective of the form including TV, Radio, Press etc) by the successful Contractor(s) must
be with the GLAs express written permission approving each and every instance in advance. The
GLAs reserve the right to refuse publicity, edit or suggest alternatives to the Contractor’s proposals.
Tendering
The GLAs will not be liable for any costs associated with submitting a tender or participation with this
tender exercise. Reference sites may be called for, clarification meetings held or visits to Suppliers
premises etc. may take place as part of the evaluation exercise. This will all be done without any cost
or liability to the GLAs.
Discrimination
The Contractor is responsible for obtaining a copy of each GLA’s publications in respect of antidiscrimination and conduct and the Contractor is responsible for ensuring all employees, agents and
sub-contractors employed to perform the services of this contract comply with the provisions and spirit
of each of these documents.
Training
The Contractor is responsible for providing the training as detailed within Training and Manuals
section of our Specification of Technical Requirements.
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Intellectual Property
NLB’s names and logos are protected by Community Trade Marks.
Tenderers and Contractors must not infringe the GLA’s Intellectual Property Rights by using any
drawings, documents, names, logos etc provided to Tenderers and subsequent Contractors or
appearing in information provided or accessed without the relevant GLA’s written approval and
assignation.
Gifts, Hospitality and Inducements to Purchase
Tenderers and Contractors shall not offer or give, or agree to give, to any GLA employee or
representative any gift or consideration of any kind as a bribe, inducement or reward for doing or
refraining from doing or for having done or refrained from doing, any act in relation to the obtaining or
execution of this or any other contract with the GLAs 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 the GLAs become aware of direct or
indirect communications through trade associations or otherwise between Tenderers relating to the
Tenders or which might facilitate price collusion, it shall be the policy of the GLAs to disqualify such
Tender(s) or Tenderer(s).
Should a commercial organisation be convicted under Bribery Act 2010, it may be excluded from all
future GLA tender processes.
Bribery and Corruption
The GLAs have zero-tolerance of bribery and corruption. Each GLAs Anti-Bribery policy extends to all
business dealings and transactions and these both have a wide interpretation across all functions.
Each GLAs Anti-Bribery policy must be complied with, without exception.
Assignment
The successful Contractor shall not without the written agreement of the GLAs assign the benefit or
burden of this contract or any part thereof.
Tendering
The GLAs will not be liable for any costs associated with submitting a tender or participation with this
tender exercise. Reference sites may be called for, clarification meetings held or visits to Suppliers
premises etc. may take place as part of the evaluation exercise. This will all be done without any cost
or liability to the GLAs.
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SPECIFICATION OF TECHNICAL REQUIREMENTS
The GLAs envisage a single source supplier or multiple suppliers that can provide a fix cost Satellite
Broadband & Maintenance/Support that meet the operational requirements as detailed in :


Section 1 – Northern Lighthouse Board Vessels - Lot 1
Section 2 – Trinity House Vessels - Lot 2
Section 3 – Commissioners of Irish Lights Vessels - Lot 3
Estimated Quantities and Commitment to purchase
Any supply agreement resulting from this tender exercise will be non-exclusive, without any
commitment to purchase and Tenderers are advised that all quantities and requirements referred to in
this document are indicative and estimate of our requirement only. Commitment to purchase will only
be made when each GLA issues Official Purchase Orders to the Supplier(s).
Training and Manuals
Manuals and appropriate training (if required) must be provided to GLA personnel. The time of the
training will be by mutual agreement between the Contractor(s) and the GLAs.
Training courses are to be held at a mutually dates and times. Tenderers must base their tender
submissions on providing training at this location and provide full pricing for all aspects of training to
be provided.
Tenderers must provide a statement of training proposals describing what is needed, how this is best
delivered and what the best delivery method would be. This should be approximately one page of
text.
Each GLA will require a minimum of 1 hardcopy of all manuals together with one electronic copy of all
manuals and this must include
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Section 1
Northern Lighthouse Board Vessels - Lot 1
Introduction
The Northern Lighthouse Board (NLB) is currently looking to renew the airtime and maintenance
contract that we currently have for the Satellite Broadband Communications on board our 2 Vessels
NLV Pharos (on the left of the image above) and NLV Pole Star (on the right of the image).
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Vessel Overview
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Background
The NLB currently have in place satellite communication on both ships running at a speed of 512kbps
down and 256kbps up. Both ships have a contained network on board with servers and
approximately 20-30 PC’s and laptops. All computer based operating systems run Windows Server
2008 and Windows 7 and there are printers, scanners and faxes on board also. Both ships also have
HP ProCurve switches and Cisco Firewalls to stop unwanted inbound and outbound connections. All
users on the ship use Citrix Xenapp, which utilises Microsoft office, Internet explorer, numerous
databases and outlook email, hosted at the Head office in Edinburgh. There is also local internet
access to allow applications to update appropriate programs.
All Satellite communications hardware onboard is currently owned by the NLB including VSAT,
modems and Fleet77/33 equipment. The equipment onboard NLB Tenders is up to 6 years old in
some cases and replacements would be considered if proved to provide a more stable and faster
service.
Any equipment provided/purchased must be capable of provisioning increased
upload/download speeds if required at a future date. A list of current equipment onboard can be
found on page 6
NLV Pharos
Sea Tel Inc Tracking antenna unit model TAC-92
iDirect Technologies 5000 Series Satellite Router
Cisco 1700 series router
NLV Pole Star
Stratos VSAT System
Technologies 5000 Series Satellite Router
Cisco 1700 series router
Fleet 33 Immarsat system
Current speeds are not reliable and often exhibit high latency and a notable degradation in service is
regular. A quality of service must be assured and proven.
NLB Satellite Broadband Requirement
Connection
The NLB require an internet connection that will provide increased bandwidth over and above that we
currently receive from our present supplier on both ships. Therefore the NLB are looking for pricing
options for the following bandwidths.
768kpbs down
1024kbs down
1.5mbps down
For the up rate, please provide connection speeds of the following in association with the above down
speeds. If a synchronous service is available then also include pricing for this.
512kbps up
As satellite communications are operated over a shared medium, the NLB would also like to be made
aware of any contention ratios involved with the proposed connection.
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As mentioned we currently use the connection primarily for Citrix access and for some application
updates form the internet, however it should be noted that access may change depending on NLB
developments. That being said, the NLB do not expect any restrictions on the connection and expect
to be able to carry out any type of connection necessary. For example the NLB must be able to
configure a VPN from the ship to the office should the need arise. As mentioned, there is over 20
PC’s and laptops on board both ships however there is very rarely any more than 10 concurrent
connections from each ship. The average number of concurrent connections is usually between 5
and 7.
Our requirements is for a reliable, secure, fully functioning Satellite Broadband Managed Service
solution that will give us an always on 365/7/24 availability in our working waters. Details of your
proposal should be listed in Schedule 1 to 5.

A backup system is required to ensure connectivity in the event of system failure/maintenance
by provider.

Reduction of blind spots avoiding major repositioning of current domes.

Reuse of current cabling and minimal disruption during installation.

Details of all proposed hardware along with dimensions

Facility for NLB to monitor bandwidth

Options for Video Conferencing
Tenderers will be required to provide an outline project plan including designs, hardware installations
plan, Health & Safety Information, Method Statements and project timetable for any proposed new
Satellite Broadband Systems or any additional feature or enhancements to the existing Satellite
Broadband systems
Satellite phone
The NLB Vessels have many various forms of communications onboard to maintain contact in wide
and varying locations that the ships work. Currently the NLB utilise VoIP phones over the satellite
broadband connection as a further means of ensuring voice communications. This is something we
would like to maintain on board both ships. Both ships should be provided with 3 desk based VoIP
satellite phones along with all associate pricing. Pricing should be in the form of a charge per minute
and any potential yearly leasing and maintenance costs for the service and should be detailed in
Schedule 1 to 5.
AirTime Tariff
The airtime contract must provide us with current and future services needs. To ensure the maximum
performance of the hardware fitted on any of the proposed vessels and the connectivity to an
acceptable performance level. The successful Tenderer must demonstrate the following elements
within their tender reply:




Maximise performance of current equipment in terms percentage (%) time maximum
or pre defined data traffic densities can be achieved.
Define system with minimum service speeds.
Define an appropriate method of continuous performance monitoring and automatic
measures detailed in contract should service fall below the agreed service levels.
Ability to separate business and recreational traffic. (If achievable would be desirable)
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


VOIP
Fixed monthly costs
Low contention ratio
Any proposed airtime tariff service plan will run in line with the proposed Satellite Broadband service
plan. Tenderer must provided details of the tariff service provider and a list of pricing must included
within their tender reply a list of any subscription costs and a list of additional fees i.e. Ship to Shore
Calls, Voice to Satellite (both own Satellite system and other Satellite provider system), Voice Mail etc
not covered by your service plan including a list of Regional, EU and International call cost and data
transfer rates in Schedule 3.
All proposed pricing shall be fixed for a minimum period of 12 months from the date of
commencement of the contract. All tariff charges must be indicated in Pound £ Sterling. Any variation
must be substantiated, no higher than the prevalent rate of inflation and if agreed will be fixed for the
next 12 month period. All price or contract variation requests must be submitted in writing and
address to Fiona Lynch, Commercial Manager with a minimum of 28 days notice. Where applicable
substantiating documents must also be included in the submission.
Uncapped data upload/download
Working Waters
The NLB Vessels are generally working out of our Oban Depot on the West coast of Scotland and are
in waters around Scotland, from Shetland, Outer Hebrides down to the Isle of Man servicing Buoys
and lighthouses. There are occasions however when they must travel further a field to English/Irish
waters and to Norway. NLB would like any proposed solution to work in all of these required areas
with no restrictions or loss of performance.
A detailed coverage map of any proposed solution should be included in the response identifying all
areas of coverage.
Static IP
The NLB require that the any connection provided to them must be supplied with a minimum of 2 fixed
IP addresses. Currently the outside interface (where it meets the Satellite communication hardware)
is configured with a private IP address supplied by the current supplier. This is currently sufficient for
our needs however it does not lend itself to a different configuration should we require it. For
example if the NLB wished to change from our current remote access method, we would require a
fixed IP on our outside interface of our firewall. For configuration purposes and to reduce any
downtime in the future, this should be configured at the start of the new contract. Details of your
proposal should be listed in Schedule 1
Government Legislation
The successful supplier will be expected to follow and adhere to any government legislation regarding
ISP’s and internet access. For example the government recently released some guidelines on the
blocking of inappropriate material (Annex1). Although the NLB will put the necessary steps in to block
such content, any supplier would be expected to conform also.
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Maintenance
The NLB will require a reliable specialist support maintenance agreement for both ships. Therefore
optional pricing is requested for the following:

A yearly maintenance agreement where all hardware and engineer time (excluding Travel and
subsistence) will be covered by the one annual fee.
or

Pricing that will cover a ‘pay as you use’ service. This must include the price for replacing all
hardware should it become faulty and engineer daily rates including overtime rates.







Hourly rates (normal time overtime and travelling)
Travelling cost rates (mileage)
Overnight accommodation charges
Working Day Hours worked (minimum chargeable hours)
Premiums for working onboard at sea
Response times to site
Response times assessment on- line over phone

Although the NLB will endeavour to accommodate engineers on board the ships during any
work, this may not always be possible. Therefore all associated travel and subsistence rates
must be provided within the response. An example of your Service Level Agreement and all
Tenderers must provide a draft version with tender submissions. For maintenance purposes
please provide details on any means of remote access that will be used in the support of this
service. Details of your proposal should be listed in Schedule 2

Details of locations of maintenance staff and a list of the technicians skills sets are required
along with categorisation levels for support calls. Engineers and replacement parts must be
available to be on site within 24 hours if deemed possible.
Site Visit/Survey
NLB would like a site visit to be carried out on each of its vessels by interested parties to ensure they
have a full understanding of the vessel, the limitations and the requirements. NLB would attempt for
this to be in Oban but this may not be possible due to the vessels timetables. Site Visit should be
arrange and mutually agreed with Donald Innes Procurement Administrator on Tel No: 0131 473 3130
or by email at donaldi@nlb.org.uk two (2) weeks before the official closing date of Tuesday 16th July
2013.
Fleet 77 & Fleet 33
The NLV Pole Star has installed a Fleet 33 and the NLV Pharos has a Fleet 77. Both of these
systems are used for backup telephone communications on the ships, however the Pharos Fleet 77
also supplies a Differential Global Positioning system (DGPS) signal for the DP and the hydrographic
survey system. Both of these services will require to be maintained on the ships through this contract
and pricing must be provided for this service. Details of your proposal should be listed in Schedule 3
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SLA & Support
The NLB expect a particular level of service and as such any SLA’s provided must be included with
the tender response. These SLA’s must include a list of all estimated target fix times for various
location from





Oban, NLB Oban Depot
Edinburgh Leith Docks
Dundee
Orkney, Kirkwall
Shetland
escalation procedures, reporting mechanisms, service reviews a list of appropriate contacts as a
minimum. Also a list of all support procedures including support staffing numbers and contact
information must also be provided. Details of your proposal should be listed in Schedule 2
Support is required 7 days a week should the link go down over the weekend with a email/verbal
response within 1 hour for any call made by the NLB
Additional Features
Tenderers are requested to provide details of any additional feature or enhancements to the existing
Satellite Broadband systems installed on both NLB vessels. Any details and pricing should be kept
separate from the initial pricing and shown separately in pricing schedule. The proposed system must
be reliable with appropriate reference companies using similar solution to that used at NLB. The
Tenderer must describe the system lifespan, spare parts availability, the product road map and
demonstrate the advantages of the system proposed.
Project Plan
Upon successful award of the contract, the NLB expect to be provided with a full project plan including
surveys, designs, hardware installations, Health & Safety Information, Method Statements and
proposed go live dates as and where applicable. All appropriate drawing must also be included
especially where the repositioning of the dome is concerned. Full documentation is expected by the
NLB at project installation completion.
User/Operator Training and Manuals
Manuals and appropriate training (if required) must be provided to GLA personnel. The time of the
training will be by mutual agreement between the Contractor(s) and the GLAs.
Training courses are to be held at a mutually dates and times details of any training required for any
propose equipment. Tenderers must base their tender submissions on providing training at this
location and provide full pricing for all aspects of training to be provided.
Tenderers must provide a statement of training proposals describing what is needed, how this is best
delivered and what the best delivery method would be. This should be approximately one page of
text.
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Each GLA will require a minimum of 1 hardcopy of all manuals together with one electronic copy of all
manuals and this must include in Schedule 4.
Additional Project Work
On occasion Ad-hoc future project work may be required relating to VSAT Satellite Broadband service
or equipment. Project work could involve anything from installing/upgrading/configuration of software
or hardware. The successful tenderer is required to submit a pricing schedule which includes fixed
staffing rates, these rates will be fix for a period of one (1) years will reviewed annual and the
anniversary of the agreement.
This contract will have fixed costs for this service provision and includes consultancy rates and project
cost listed within this document. The price shall be fixed for a minimum period of 12 months from the
date of commencement of the contract. An annual contract review shall take place and the contractor
may submit a price variation for consideration. Any variation must be substantiated, no higher than the
prevalent rate of inflation and if agreed will be fixed for the next 12 month period.
The Contractor will be expected to attend meetings and provide solutions, innovation, problem solving
and assist with any additional work that may be required.
The successful Tenderers will be provided with an official GLA project quotation document detailing
the Boards requirements, this document will be issued by the appointed GLA Commercial Section,
The successful Tenderer will be required to price each project element including staffing rates in line
with the fixed staffing rates provided within your tender response, including details of method
statements, Project plan/schedules, personnel, processes and equipment.
Once the additional project has been awarded, the appointed GLA shall place official purchase orders
for any additional services required. This service must only be supplied when an official order has
been received. Any additional project will be subject to same GLA Terms and Conditions as detailed
in this tender document Ref: GLA/VSAT/0876 Any alterations to a Project plan, date changes,
personnel changes, process changes must be submitted for the consideration but shall not vary any
agreed additional project requirements unless instructed in writing by NLB, thereafter a revised
Project Plan will be issued in relation to any alterations.
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Section 2
Trinity House Vessels – Lot 2
Vessel Overview
THA Alert
General Particulars :•
•
•
•
•
•
•
•
•
•
•
•
Length O.A. 39.3m
Gross Tonne 30.2 tonnes
Deck Crane 48 tonnes/m
Draft 2.5m
Service Speed 15Kts
Bollard Pull 30 tonnes
Fuel Oil 42 tonnes
Dynamic Positioning
Cargo 10 tonnes
2 Caterpillar Diesels 1492kw@1600rpm
HRP Thruster1492Kw@ 1620rpm
Max 10 person accomodation
THA Galatea
General Particulars :• Length O.A. 84.2m
• Deck Crane 30 tonnes/22m
• Draft 4.32m
• Service Speed 13Kts
• Bollard Pull 33 tonnes
• Fuel Oil 296.9 tonnes
• Dynamic Positioning
• Cargo 10 tonnes
• 3 Wastsila 8L20 @ 1368kWe each
• 2 Wastsila 4L20 @ 684 kWe each
• Max 40 persons accomodation
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THA Patricia
General Particulars :•
•
•
•
•
•
•
•
•
•
Length O.A. 86.315m
Gross Tonne 2541 tonnes
Deck Crane 20 tonnes/m
Draft 4.3m
Service Speed 12Kts
Bollard Pull 28.25 tonnes
Fuel Oil 404.71 tonnes
Summer load Draft 4.410m
4 Rushton 6RKcZ 1047hp@750rpm
2 x 1120kw(250rpm) propulsion motors
Background
Current Situation
Trinity House vessels Galatea, Alert and Patricia have had Satellite broadband installed for a number
of years:

THV Galatea and Alert – installed approx 2005/6

THV Patricia – installed approx 2003 (hardware upgraded outside of this tender in Feb 2013.)
The current installations consist of the following specifications:

Download & upload speeds of 1024/256kbps

IP Access Premium service via Eutelsat (AB1)

Seatel 4003 antenna (THV Galatea and THV Alert), Intellian V100GC (THV Patricia)

Contention ration 8:1 (with the three TH vessels included in this contention ratio)
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
CIR 100/25

Various ports open on the firewall in Italy to allow virus updates etc.

Firewall and routing via on-board Netgear ADSL device

Internet browsing controlled by on-board Bluecoat SG300
Current Issues
The current installation has worked well in giving the vessels access to central business systems and
improving ship-to-shore communications. It has also had the added benefit of improving crew working
conditions. However, there are some current issues with the installations as summarised below:

Increased amount of devices has resulted in degradation of service

Blind spots exist on all three some vessels to varying degrees

If the satellite system is down there is limited backup option

Potentially slow fix time due to ageing hardware

No way to segregate and secure crew and contractor use from core business use.

Inconsistent experience across vessels
Objectives
The anticipated benefits from the new system are:
 Reliable new airtime contract with increased bandwidth
 Potential increased upload & download speeds (either now or in-place upgradeable in the
future without replacement of hardware)
 Improved geographical coverage
 Enhanced crew satisfaction
 Separation of business and recreational traffic
 Reduction in blind spot areas
 Modernisation of ageing hardware to more reliable type, supported for a minimum of five
years from date of installation
 Ability to allow staff to use their own disparate devices to access the Internet without
interference to business capabilities.
 Improved support options
Scope of Supply
Tenderers must supply details and pricing on how they would propose to meet each of the following
points:

Provision and installation of hardware/software
o Guaranteed bandwidth allocated to internal networks (e.g. corporate and crew)
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o
o
o
o
o
o
o
o
o

Remote management by TH IT staff (including bandwidth management)
Minimum 1Mb/512K (download/upload) with option to later flex up to 4Mb/1Mb
without changing hardware. Pricing options for other speeds within these ranges
should also be supplied.
Reduce blind-spots as much as possible without significant re-engineering or replacement of satellite dome (if VSAT hardware is replaced).
Use of Seatel 4012GX or equivalent antenna with features to reduce maintenance
such as chain-drive, braked servo etc.
Re-use of current cabling, mounting positions and interface infrastructure, where
possible.
Minimal and planned disruption during installation.
Options for backup communication solution in the event of main system failure.
Auto/manual switching between main/backup solution
Static IP addresses (minimum of two)
Airtime Contract
The airtime contract must provide us with current and future services needs. To ensure the
maximum performance of the hardware fitted on any of the proposed vessels and the
connectivity to an acceptable performance level. The successful Tenderer must demonstrate
the following elements within their tender reply:













Maximise performance of current equipment in terms percentage (%) time maximum
or pre-defined data traffic densities can be achieved.
Define system with minimum service speeds.
Define an appropriate method of continuous performance monitoring and automatic
measures detailed in contract should service levels fall below the acceptable
performance levels.
Ability to separate business and recreational traffic. (If achievable would be desirable)
VOIP
Low contention ratio
Potential increase upload & down load speeds for future system upgrades and
possible new antenna hardware.
Coverage of England, Wales and Channel Islands – at least equivalent to current
coverage.
Monthly fixed-rate billing per vessel.
Uncapped data up/download.
Committed Information Rates (CIR)of 512K/128K per vessel
Option to secure full bandwidth for NLB/TH vessels only and have a contention ratio
of 5:1. Ability to change CIR for each vessel if desired within this secured bandwidth
(by arrangement with supplier if necessary).
Options for synchronous connection (upload/download) if available.
 Maintenance Support
Trinity House (TH) requires a reliable specialist Maintenance support agreement for the
TVRO systems and VSat on all vessels. As such, all Tenderers must provided








Hourly rates (normal time overtime and travelling
Travelling cost rates (mileage)
Overnight accommodation charges
Working Day Hours worked (minimum chargeable hours)
Premiums for working onboard at sea
Response times to site
Response times assessment on- line over phone
Skill sets of technicians for both Intellian and Seatel devices
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Trinity House (TH) view the system as Trinity House (TH) IT responsibility for everything
down stream of the router and the maintenance contractors responsibility upstream from and
including the router up to and including the antenna.

General
o Supplier to have regional expertise and resource for expedient VSAT maintenance
around the coast of the UK.
o Support contract providing on-site response to vessels within 12 hours, anywhere
around the coast of the UK.
o Minimal disruption when migrating from existing to new hardware and service
agreement. All downtime to be agreed and planned in advance.
o Options for video conferencing in the future
o Case studies and customer reference contact details for at least 3 installations or
contracts similar to those being requested in this tender.
Site Visit/Survey
Trinity House (TH) would like a site visit to be carried out on each of its vessels by interested parties
to ensure they have a full understanding of the vessel, the limitations and the requirements. Trinity
House (TH) would attempt for this to be in Harwich or Swansea but this may not be possible due to
the vessels timetables. Site Visit should be arrange and mutually agreed with Gavin Johnson, Marine
Architecht on Tel No: 01255 245000 or by email at gavin.johnson@thls.org two (2) weeks before the
official closing date of Tuesday 16th July 2013.
Working Waters
A detailed coverage map of any proposed solution should be included in the response identifying all
areas of coverage.
Trinity House is the General Lighthouse Authority (GLA) for England, Wales, the Channel Islands and
Gibraltar. The normal areas of operation are around the coast of England, Wales and the Channel
Islands.
Government Legislation
The successful supplier will be expected to follow and adhere to any government legislation regarding
ISP’s and internet access. For example the government recently released guidelines on the blocking
of inappropriate material (Annex1). Although TH will put the necessary steps in to block such content,
any supplier would also be expected to conform.
SLA & Support
Trinity House expect a particular level of service and as such any SLA’s provided must be included
with the tender response. These SLA’s must include a list of all estimated target fix times for various
locations from :

England, Wales, the Channel Islands.
Escalation procedures, reporting mechanisms, service reviews a list of appropriate contacts as a
minimum. Also a list of all support procedures including support staffing numbers and contact
information must also be provided. Details of your proposal should be listed in Schedule 2.
Support is required 24x7x365 days a year. Confimration of any reported fault is required via phone or
email within one hour of the fault being logged.
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Additional Features
Tenderers are requested to provide details of any additional feature or enhancements to the existing
Satellite Broadband systems installed on Trinity House vessels. Devices capable of providing service
equivalent to that provided by the Intellian V100gx or its Seatel counterpart with separate prices for
the installation of more capable antennae if perceived appropriate for our traffic densities. All prices
would be fixed price for supply and installation. They must include for fitted drawings and where
necessary the provision of new enclosures. VOIP Hardware and installation to new and existing
systems. Any details and pricing should be kept separate from the initial pricing and shown separately
on pricing schedule on page 44 to 46. The proposed system must be reliable with appropriate
reference companies using similar solution to that used at NLB. The Tenderer must describe the
system lifespan, spare parts availability, the product road map and demonstrate the advantages of the
system proposed
Project Plan
Upon successful award of the contract, TH expect to be provided with a full project plan including
surveys, designs, hardware installations, Health & Safety Information, Method Statements and
proposed go live dates as and where applicable. All appropriate drawing must also be included
especially where the repositioning of the dome is concerned. Full documentation is expected by the
TH at project installation completion.
User/Operator Training and Manuals
Manuals and appropriate training (if required) must be provided to GLA personnel. The time of the
training will be by mutual agreement between the Contractor(s) and the GLAs.
Training courses are to be held at a mutually dates and times details of any training required for any
propose equipment. Tenderers must base their tender submissions on providing training at this
location and provide full pricing for all aspects of training to be provided.
Tenderers must provide a statement of training proposals describing what is needed, how this is best
delivered and what the best delivery method would be. This should be approximately one page of
text.
Each GLA will require a minimum of 1 hardcopy of all manuals together with one electronic copy of all
manuals and this must include in Schedule 4.
Additional Project Work
On occasion Ad-hoc future project work may be required relating to VSAT Satellite Broadband service
or equipment. Project work could involve anything from installing/upgrading/configuration of software
or hardware. The successful Tenderer is required to submit a pricing schedule which includes fixed
staffing rates, these rates will be fix for a period of one (1) years will reviewed annual and the
anniversary of the agreement.
This contract will have fixed costs for this service provision and includes consultancy rates and project
cost listed within this document. The price shall be fixed for a minimum period of 12 months from the
date of commencement of the contract. An annual contract review shall take place and the contractor
may submit a price variation for consideration. Any variation must be substantiated, no higher than the
prevalent rate of inflation and if agreed will be fixed for the next 12 month period.
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The Contractor will be expected to attend meetings and provide solutions, innovation, problem solving
and assist with any additional work that may be required.
The successful Tenderers will be provided with an official GLA project quotation document detailing
the Boards requirements, this document will be issued by the appointed GLA Commercial Section,
The successful Tenderer will be required to price each project element including staffing rates in line
with the fixed staffing rates provided within your tender response, including details of method
statements, Project plan/schedules, personnel, processes and equipment.
Once the additional project has been awarded, the appointed GLA shall place official purchase orders
for any additional services required. This service must only be supplied when an official order has
been received. Any additional project will be subject to same GLA Terms and Conditions as detailed
in this tender document Ref: GLA/VSAT/0876 Any alterations to a Project plan, date changes,
personnel changes, process changes must be submitted for the consideration but shall not vary any
agreed additional project requirements unless instructed in writing by NLB, thereafter a revised
Project Plan will be issued in relation to any alterations.
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Appendix A: Satellite Communication Equipment Maintenance Contract List
This list of equipment is indicative of the principal types of communications equipment on the Vessels
To be covered by maintenance.
THV ALERT
Litton Marine LMS – H2095C immarsat C transceiver
SeaTel 4003 + DAC-97sat data transfer
Iridium satcon SC4000 Sailor
SeaTel 3004-14 + DAC 2200 TV sat antenna system
THV GALATEA
Sailor ICHU 1000 Iridium telephone system
Sea-Tel satellite communication system
Sea-Tel DAC-2200 satellite TVRO system
Thrane & Thrane Inmarsat C H2095C earth station
Thane & Thane Inmarsat Fleet F77 earth station
Motorola Iridium Satcon & Associated Equipment
Internal Network System & Associated Equipment
Intellian VG100X and associated equipment.
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Section 3
Commissioners of Irish Lights Vessels – Lot 3
Vessel Overview
CIL Granuaile
General Particulars : SeaTel 4006 1.0m Ku Band Antenna and DAC Controller
 iRG-S2 Satellite Modem
 Ku Band 4W BUC and PLL LNB
 3COM 8 Switch and VoIP 2 Port Telephone Adapter
 700 VA UPS
Background
The purpose of this tendering exercise is to conduct the first Inter General Lighthouse Authority (GLA)
collaborative procurement exercise for the Satellite Broadband Services and Maintenance/Support
Services for initially Trinity House and Northern Lighthouse Boards vessels, with the option for the
Commissioners of Irish Lights to opt into any proposal submitted by the successful Tenderer/s.
The successful Tenderer/s will be provided with an official GLA project quotation document detailing
the requirements of the Commissioners of Irish Lights, this document will be issued by the appointed
GLA Commercial Section, The successful Tenderer will be required to price each project element
including staffing rates in line with the rates provided within your tender response, including details of
site visits, coverage areas, method statements, project plan/schedules, personnel, processes,
maintenance/support and equipment.
Once the additional project has been awarded, the appointed GLA shall place official purchase orders
for any additional services required. This service must only be supplied when an official order has
been received. Any additional project will be subject to same GLA Terms and Conditions as detailed
in this tender document Ref: GLA/VSAT/0876 Any alterations to a Project plan, date changes,
personnel changes, process changes must be submitted for the consideration but shall not vary any
agreed additional project requirements unless instructed in writing by any of the GLA’s, thereafter a
revised Project Plan will be issued in relation to any alterations.
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and their adjacent seas and islands
PRICING SCHEDULE
Pricing and Price Adjustment mechanism
All pricing must be in UK Sterling and Euro. The price per unit including any bulk discounts must be
delivered duty paid (DDP - Incoterms®) to the nominated GLA 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:



A recognised index from a reputable government or industry source
Freely and independently available to the GLAs throughout the period of the contract
Related to the costs of providing the goods and services within the tender.
Tenderers MUST provide:
1. A short note explaining how the proposed index meets the three criteria above
2. Two 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) The GLAs 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
Payments & Invoicing
Unless otherwise stated in the Contract, payment will be made within 30 days of fulfilment of the
official purchase order(s), following receipt and agreement of invoices which are to be submitted in
arrears. Invoicing and any subsequent payments will be made in UK Sterling for NLB and TH; and
Euro for CIL.
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.
Estimated Quantities and Commitment to purchase
Any supply agreement resulting from this tender exercise will be non-exclusive, without any
commitment to purchase and Tenderers are advised that all quantities and requirements referred to in
this document are indicative and an estimate of our requirement only. Commitment to purchase will
only be made when each GLA issues Official Purchase Orders to the Supplier(s).
This contract shall be an agreement for the supply of Satellite Broadband Services. The agreement
may be awarded in whole or in part, however the GLAs reserve the right not to make an award for any
part of this project which includes air time, hardware and maintenance. Any quantities referred to within
this document will be indicative and official purchase order(s) will be issued for requirements during the
agreement period by each GLA.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Lot 1 - Northern Lighthouse Board Vessels - NLV Pharos & Pole Star
No
Description
1
VSAT Satellite Broadband
Tenderers are requested to provide optional pricing and details
of any proposed

New VSAT Satellite Broadband Hardware & Software

Additional feature/enhancements to the existing
Satellite Broadband systems. To the specification
detailed in Pages 20 to 26
Price
£
Excluding
VAT
Comments
Price
£
Excluding
VAT
Comments
or
All Installation and Commissioning.
1.2
Details and pricing should be detailed and shown separately.
Full details of system hardware and software proposal must be
provided with your tender reply. Any proposal must include the
minimum specification listed in Section 1 (Page 21 -28)
Installation including project plan.
1.3
Commissioning
No
2
Description
Air Time Tariff
VOIP & Satellite Telephone - Air Tariff/Call Charges/Data
Any proposed airtime tariff service plan will run in line with the
proposed Satellite Broadband service plan. Tenderer must
provided details of the tariff service provider and a list of pricing
must included within their tender reply a list of any subscription
costs and a list of additional fees i.e. Ship to Shore Calls, Voice
to Satellite (both own Satellite system and other Satellite
provider system), Voice Mail etc not covered by your service
plan including a list of Regional, EU and International call cost
and data transfer rates. NLB requires uncapped data
upload/download
All proposed pricing shall be fixed for a minimum period of 12
months from the date of commencement of the contract. All
tariff charges must be indicated in Pound £ Sterling. Any
proposal must include the minimum specification listed in
Section 1 (Page 21 -28)
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Ireland;
and their adjacent seas and islands
No
3
Description
Price
£
Excluding
VAT
Comments
Price
£
Excluding
VAT
Comments
Maintenance & Support
Maintenance & Support
Tenderers must provide a detail list of maintenance and support
for the following option:

Annual fixed cost - A annual fixed maintenance
agreement where all hardware and engineer time
(excluding Travel and subsistence) will be covered by
the one annual fee.

Cost per call out for both ships. - Pricing that will cover
a ‘pay as you use’ service. This must include the price
for replacing all hardware should it become faulty and
engineer daily rates including overtime rates. Although
the NLB will endeavour to accommodate engineers on
board the ships during any work, this may not always
be possible. Therefore all associated travel and
subsistence rates must be provided within the
response.
Details of locations of maintenance staff are required along with
categorisation levels for support calls.
Engineers and
replacement parts must be available to be on site within 24
hours if deemed possible. Any proposal must include the
minimum specification listed in Section 1 (Page 21 -28)
No
4
Description
User/Operator Training and Manuals
Manuals and appropriate training (if required) must be provided
to GLA personnel. The time of the training will be by mutual
agreement between the Contractor(s) and the GLAs.
Training courses are to be held at a mutually dates and times
details of any training required for any propose equipment.
Tenderers must base their tender submissions on providing
training at this location and provide full pricing for all aspects of
training to be provided.
Tenderers must provide a statement of training proposals
describing what is needed, how this is best delivered and what
the best delivery method would be.
This should be
approximately one page of text.
Each GLA will require a minimum of 1 hardcopy of all manuals
together with one electronic copy of all manuals. Any proposal
must include the minimum specification listed in Section 1
(Page 21 -28)
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and their adjacent seas and islands
No
5
Cost
£
Excl.
VAT
Project
Manager
Additional Projects
Cost
£
Excl.
VAT
VSAT
Engineer
Cost
£
Excl.
VAT
Electrical
Engineer
Cost
£
Excl.
VAT
General
Engineer
Comments
On occasion Ad-hoc future project
work may be required relating to
VSAT Satellite Broadband service or
equipment. Project work could
involve
anything
from
installing/upgrading/configuration of
software or hardware. The tenderer
is required to submit a pricing
schedule which includes fixed
staffing rates, ithese rates will be fix
for a period of one (1) years will be
reviewed
annual
and
the
anniversary of the agreement. Any
proposal must include the minimum
specification listed in Section 1
(Page 21 -28)
Monday-Friday
Standard Hourly Rate
Monday-Friday
Outwith standard Hourly Rate
Saturday –Sunday Hourly Rate
Travel & Subsistence
Mileage Rate per Mile
Over Night Allowance
Accommodation
Monday-Friday
Please indicate
times
standard
hours
Tenderers must provide pricing information for all alternative options or variances proposed in
a similar format within their tender submission.
Tenderers may submit alternative pricing options with their tender submission, please ensure
that any alternative pricing structures are understandable, are Delivered Duty Paid (DDP), are
in both £GBP and € Euro currency and exclude VAT.
Other costs
Tenderers must provide full details of all other costs involved with the provision of this
contract together with any annual price adjustment mechanism if appropriate. 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) The GLAs will not be held liable for any unidentified costs.
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Other costs
Tenderers must provide full details of all other costs involved with the provision of this contract
together with any annual price adjustment mechanism if appropriate. 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) The GLAs will
not be held liable for any unidentified costs.
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The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Lot 2 – Trinity House (TH) Vessels - THV Alert, THV Patricia & THV Galatea
This contract shall be an agreement for the supply of Satellite Broadband Services. The agreement
may be awarded in whole or in part, however the GLAs reserve the right not to make an award for any
part of this project which includes air time, hardware and maintenance. Any quantities referred to within
this document will be indicative and official purchase order(s) will be issued for requirements during the
agreement period by each GLA.
No
Description
1.0
1.1
VSAT Satellite Broadband
Tenderers are requested to provide optional pricing and details
of any proposed

New VSAT Satellite Broadband Hardware & Software

Additional feature/enhancements to the existing
Satellite Broadband systems. To the specification
detailed in Pages 27 to 35.
Price
£
Excluding
VAT
Comments
Price
£
Excluding
VAT
Comments
or
All Installation and Commissioning details and pricing should be
detailed and shown separately.
1.2
Full details of system hardware and software proposal must be
provided with your tender reply. Any proposal must include the
minimum specification listed in Section 2 (Page 29 -36)
Installation including project plan
1.3
Commissioning
No
2
Description
Air Time Tariff
Air Tariff/Call Charges
Any proposed airtime tariff service plan will run in line with the
proposed Satellite Broadband service plan. Tenderer must
provided details of the tariff service provider and a list of pricing
must included within their tender reply a list of any subscription
costs and a list of additional fees i.e. Ship to Shore Calls, Voice
to Satellite (both own Satellite system and other Satellite
provider system), Voice Mail etc not covered by your service
plan including a list of Regional, EU and International call cost
and data transfer rates. TH requires uncapped data
upload/download
All proposed pricing shall be fixed for a minimum period of 12
months from the date of commencement of the contract. All
tariff charges must be indicated in Pound £ Sterling. Any
proposal must include the minimum specification listed in
Section 2 (Page 29 -36)
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Ireland;
and their adjacent seas and islands
No
3
Description
Price
£
Excluding
VAT
Comments
Price
£
Excluding
VAT
Comments
Maintenance & Support
Maintenance & Support
Tenderers must provide a detail list of maintenance and support
for the following option:

Annual fixed cost - A annual fixed maintenance
agreement where all hardware and engineer time
(excluding Travel and subsistence) will be covered by
the one annual fee.

Cost per call out for both ships. - Pricing that will cover
a ‘pay as you use’ service. This must include the price
for replacing all hardware should it become faulty and
engineer daily rates including overtime rates. Although
the NLB will endeavour to accommodate engineers on
board the ships during any work, this may not always
be possible. Therefore all associated travel and
subsistence rates must be provided within the
response.
Details of locations of maintenance staff (along with numbers of
relevant trained maintenance staff at each location) are
required along with categorisation levels for support calls.
Engineers and replacement parts must be available to be on
site within 12 hours if deemed possible. Any proposal must
include the minimum specification listed in Section 2 (Page 29 36)
No
4
Description
User/Operator Training and Manuals
Manuals and appropriate training (if required) must be provided
to GLA personnel. The time of the training will be by mutual
agreement between the Contractor(s) and the GLAs.
Training courses are to be held at a mutually dates and times
details of any training required for any propose equipment.
Tenderers must base their tender submissions on providing
training at this location and provide full pricing for all aspects of
training to be provided.
Tenderers must provide a statement of training proposals
describing what is needed, how this is best delivered and what
the best delivery method would be.
This should be
approximately one page of text.
Each GLA will require a minimum of 1 hardcopy of all manuals
together with one electronic copy of all manuals. Any proposal
must include the minimum specification listed in Section 2
(Page 29 -36)
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No
5
Cost
£
Excl.
VAT
Project
Manager
Additional Projects
Cost
£
Excl.
VAT
VSAT
Engineer
Cost
£
Excl.
VAT
Electrical
Engineer
Cost
£
Excl.
VAT
General
Engineer
Comments
On occasion Ad-hoc future project
work may be required relating to
VSAT Satellite Broadband service or
equipment. Project work could
involve
anything
from
installing/upgrading/configuration of
software or hardware. The tenderer
is required to submit a pricing
schedule which includes fixed
staffing rates, ithese rates will be fix
for a period of one (1) years will be
reviewed
annual
and
the
anniversary of the agreement. Any
proposal must include the minimum
specification listed in Section 2
(Page 29 -36)
Monday-Friday
Standard Hourly Rate
Monday-Friday
Outwith standard Hourly Rate
Saturday –Sunday Hourly Rate
Travel & Subsistence
Mileage Rate per Mile
Over Night Allowance
Accommodation
Monday-Friday
Please indicate
times
standard
hours
Tenderers must provide pricing information for all alternative options or variances proposed in
a similar format within their tender submission.
Tenderers may submit alternative pricing options with their tender submission, please ensure
that any alternative pricing structures are understandable, are Delivered Duty Paid (DDP), are
in both £GBP and € Euro currency and exclude VAT.
Other costs
Tenderers must provide full details of all other costs involved with the provision of this
contract together with any annual price adjustment mechanism if appropriate. 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) The GLAs will not be held liable for any unidentified costs.
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Appendix I
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
available)
(if
E-mail (if available)
1.3.
Current legal status of the Potential Provider (e.g. partnership, private limited company, etc.)
Please
(tick one box)
Sole Trader
Partnership
Public
Company
Limited
Private
Company
Limited
Other (please state)
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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.
Date of formation
Place of formation
Date of registration
Company
number
registration
Certificates enclosed
YES / NO (please delete)
Registered Office
Principal
business
1.5.
place
of
Ownership structure
a)
Full legal name and address of Parent Company if applicable:
Company Name
Address
Town/City
Postcode
Country
Company
registration number
2
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.
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.
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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
companies and any corporate reorganisations 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, buyouts and closures, etc which are
currently in the public domain.
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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1.7.
Registration with professional body
Where applicable, is the Potential Provider registered with the appropriate trade or
professional register(s) in the EU member state where it is established (as set out in Annex IX
B of Directive 2004/18/EC) under the conditions laid down by that member state 4).
Evidence of registration with appropriate professional/trade body
Either insert required details or state ‘None’
1.8.
Charities or Housing Association or other Registration number (if this applies). Please specify
registering body.
Registering body
Registration number
1.9.
VAT registration number
VAT Registration number
1.10. Please provide a Company organisational structure diagram.
Company Organisation Structure attached
Yes /No
2. Subcontracting
All Potential Providers should answer question 2.1. Where a Potential Provider at this stage of the
process intends to sub-contract they should also answer questions 2.2 and 2.3 below. Where a
Potential Provider becomes aware of the intention to subcontract at later stages in the procurement
they are required to notify the GLAs of this and provide the information requested below at that time.
Where a Potential Provider is a consortium they should indicate which members are proposing to
deliver the services.
2.1.
Please indicate which of the following applies
a) Your organisation is bidding to provide the services
required itself (if ‘Yes’, go to question 3)
b) Your organisation is bidding in the role of Prime Contractor
and intends to use third parties to provide some services
c) the potential provider is a consortium
Yes / No
Yes / No
Yes / No
2.2. If your answer to 2.1 is (b) or (c) please indicate in the table below (by inserting the relevant
company/organisation name) the composition of the supply chain, indicating which member of
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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the supply chain (which may include the Potential Provider itself or solely be the Potential
Provider) will be responsible for the elements of the requirement.
Requirement
Company / Organisation
How much of the requirement
and what will they directly
deliver (%)
2.3. If your answer to 2.1 is (b) and you are unable to confirm all sub-contractors (complete supply
chain) at this stage, you will need to demonstrate a satisfactory methodology and track record
of delivering a supply chain. Please give a brief outline on policy regarding the use of subcontractors and, if applicable, the extent to which it is envisaged they may be used in any
contract.
Methodology for procuring supply chain ([300] words or fewer)
3. Capability
3.1. Please provide details of the Potential Provider’s principal areas of business activity, main
products and services
Brief Description of the
Potential
Provider’s
primary business and
main products and
services.
3.2.
Please provide details of the Potential Provider’s staff numbers. Please provide details of the
average annual numbers of staff and managerial staff over the previous 3 years.
Year
Staff numbers
Managerial Staff
Technical
staff
involved
with
the
delivery and support of
this type of contract
3.3. If there are any areas where there may be or has the potential to be a conflict of interest
(whether now or during the contract period) please declare these, giving full details.
Conflict
Details
of
Interest
Does this have any
Yes/No
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potential to cause a
conflict of Interest?
Please provide information relating to the Potential Provider’s experience of contracts for
similar services, demonstrating the similarities in provided products and services to this
requirement:-
3.4

Potential Providers should provide details of three significant private or public sector
contracts for the supply of services which it has performed. These should have been
performed during the past three years, includes case studies and customer reference
contact details for at least 3 installations or contracts similar to those being requested in
this tender.

Information should not be given about contracts performed by any envisaged supply chain
member or sub-contractor.

The contracts should have been for products and services similar to those outlined in the
Requirement for similar sized companies.

Potential Providers should ensure that the companies listed would be willing to provide a
reference for them and be willing to discuss the Potential Provider’s performance with the
GLAs. The GLAs reserve the right to contact any or all of these companies for a reference
and may wish to visit their premises.
(Where the Potential Provider is a special purpose vehicle and not intending to be the
main provider of the goods or services, the information requested should be provided in
respect of the principal intended provider of the services.)
Customer
name and
address
Contact
name,
telephone number
and email address
Date
contract
awarded
plus,
start
and
finish
dates
Contract
reference
and
brief description
of
requirements
undertaken (and
value of contract)
Certificate of
Acceptance5
/ Completion
attached?
(Y/N)
Names
of
supply chain
members
(sub
contractors)
and/
or
consortium
members
and
their
role
1.
2.
3.

Potential Providers should provide full details of any contracts that have been terminated,
cancelled or ended early by either the Customer or the Provider including the reason the
termination/cancellation etc.
5
The certificate of acceptance is a document which contains evidence of confirmation that the particular contract
was completed.
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Have any contracts been terminated during the last 5
years? If Yes please provide full details below.
Yes / No
3.5
In relation to the requirement please provide details of the Potential Provider’s available
technical facilities, bases, study and research facilities, tools, plant, technicians, technical equipment
and services.
Statement of available
technical
facilities,
equipment,
services
and staff
3.6
3.7
In relation to the requirement please provide details of the Potential Provider’s approach to
investment, research and development (including the ‘roadmap’) for the products available.
Statement of approach
to investment, research
and development.
Please provide details of the Potential Provider’s technical ability to perform the contract,
including details of skills, efficiency, experience, reliability, methodologies and approaches
relevant to the contract.
Details of the Potential
Provider’s
technical
ability
3.8
Please provide details of the Potential Provider’s measures for ensuring quality in relation to
the services provided under the contract in particular for ensuring quality of software and
your support services including details of your approach to contract and project
management, service delivery and complaints.
(Details of your quality attestation
registrations (if any) for example under ISO9001 or equivalent are required in section 7 of
this document)
Details of the Potential
Provider’s measures to
ensure quality such as
Quality
Management
systems
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4. Financial
4.1 Please provide the following financial information or an explanation as to why the Potential
Provider cannot provide this information
Information attached
If No
Yes or No
Please explain why
a)
A copy of the most
recent audited accounts for your
organisation that cover the last
two years of trading or for the
period that is available if trading
for less than two years.
b)
A statement of the
organisation’s turnover, Profit &
Loss and cash flow position for
the most recent full year of
trading (or part year if full year
not applicable) and an end period
balance sheet, where this
information is not available in an
audited form at (a).
c)
Where (b) cannot be
provided, a statement of the
organisation’s cash flow forecast
for the current year and a bank
letter outlining the current cash
and credit facility position.
d)
If the organisation is a
subsidiary of a group, (a) to (c)
are required for both the
subsidiary and the ultimate
parent company. Where a
consortium or association is
proposed, the information is
requested for each member
company.
e)
A separate statement of
the organisation’s turnover that
relates directly to the supply of
this service for the past two
years, or for the period the
organisation has been trading (if
less than two years).
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4.2 Parent company and/or other guarantees of performance and financial standing may be required
as well as confirmation of the organisation’s willingness to arrange for a guarantee or a
performance bond.
Where the potential provider is dependant financially on a parent company to support
its application for this procurement, it must indicate in the box below whether a Parent
Guarantee is available if requested.
Where required, Parent
Guarantee Available?
Where
required,
Performance
Bond
Available?
YES / NO (please delete)
YES / NO (please delete)
If No please state why
4.3 Name and address of principal banker.
Bank Name
Address
Town/City
Postcode
If requested, would you be willing to provide a
Banker’s reference?
5
YES/NO
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
Terms and Conditions of Contract (Appendix VIII) requires specific minimum levels of
the insurance from the successful contractor(s).
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5.1 Insurance details
Type of insurance
1..1
Employers’
Liability
Public Liability
Professional
Indemnity
Other
Name
of
insurer
Address
Policy numbers
Expiry date
Limits
indemnity
occurrence
aggregate)
of
(per
and
Excess (if any)
6.
6.1
Disputes
Is there any material pending or threatened litigation or other legal proceedings connected
with similar projects against the Potential Provider and/or any of its named supply chain
members (sub-contractors) that may affect delivery of this project?
a)
YES / NO (please
Legal proceedings pending
delete)
b)
If you have answered ‘Yes’ to 6.1(a) please give an explanatory statement:
Brief statement (300 words or fewer)
Either insert required details or state ‘None’
6.2
Has there been any material litigation or other legal proceedings connected with similar
projects against the Potential Provider and/or any of its named supply chain members
(sub-contractors) that may affect delivery of this project in the last three years?
a)
YES / NO (please
delete)
Legal proceedings
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b)
If you have answered ‘Yes’ to 7.3(a) please give an explanatory statement:
Brief statement (300 words or fewer)
Either insert required details or state ‘None’
7. Additional Information
7.1 Quality Assurance
Does your organisation hold a recognised Quality Management System
certification from an independent body attesting conformity to quality
assurance standards based on the relevant European standard or
equivalent standard? For example BS/EN/ISO 9000 or equivalent?
Yes/No
If so, please provide a copy of the certificate
If not, does your organisation have a quality management system?
Yes/No
If so, please attach an outline of the system.
If not, please explain why.
7.2 Health and Safety
Is your organisation legally obliged to have a Health and Safety Policy?
Yes/No
Does your organisation make sure it complies with the Health and Safety
at Work Act 1974?
Yes/No
Does your organisation have a written Health and Safety Policy? Please
provide a copy.
Yes/No
Does your organisation train its staff in Health and Safety?
Yes/No
If you answer No to any of these questions please explain why.
Please provide details of: Your accident and incident record including RIDDOR records
(Reporting of Injuries, Disease and Dangerous Occurrences
Regulations 1995)

Any HSE, Local Authority Improvement, Prohibition Notice or
other warning letter or notice issued to you within the past three
years.

If you have had any such Notices or warnings how have things
been put right to prevent this happening again.
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7.3 Environmental Issues
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 EcoManagement and Audit Scheme or the relevant European or International
standards or equivalent, and which NLB may apply to the contract?
Please include a copy of applicable certificates
Yes/No
If you do which of the following statements best describes it? (Please
tick box)
A) It has effective management processes and procedures to manage the
significant environmental impacts of our business.
B) It defines the significant environmental impacts of our business but
only has plans for the introduction of effective management processes
and procedures.
C) It only identifies the environmental impacts of our business.
D) None of the above.
7.4 Equality
If you do not have such a policy or training please explain why.
Is it your policy as an employer to comply with all Equality related
legislation, and is it your policy not to treat any one group of people less
favourably than others because of their age, disability, gender, race,
religion/belief or sexual orientation?
Yes/No
In the last three years has any finding of unlawful discrimination been
made against your organisation by any court or industrial or employment
tribunal?
Yes/No
Does your organisation have a written Equality Policy?
Yes/No
Does your organisation train its staff in Equality and Diversity issues?
Yes/No
7.5 Corporate Social Responsibility (CSR)
Does your organisation have a written CSR Policy?
If you do not have such a policy please explain why.
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APPENDIX I
INSTRUCTIONS TO TENDERERS
1. Confidentiality of Tenders
1.1.
Please note the following requirements, any breach of which will invalidate your Tender:1.2.
You must not tell anyone else, even approximately, what your tender price is or will be,
before the date of contract award. The only exception is if you need an insurance quotation
to calculate your tender price you may give your insurance company or brokers any essential
information they ask for, so long as you do so in strict confidence.
1.3.
You must not try to obtain any information about anyone 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 ITT without the prior specific
written approval of the GLAs.
1.6.
The Declaration of Non Collusion must be completed and returned with your tender. If your
tender is successful this declaration will form part of the Contract.
1.7.
You must ensure that all of your employees, officers, agents, sub-contractors and
representatives are aware of the nature of this confidentiality undertaking and that they agree
to adhere to it as if they were a party to it.
1.8.
By submitting a tender in response to the ITT, 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 or for the full
period of the contract awarded if you are the successful Tenderer(s).
2. Trading Names/Invoices
2.1.
Where invoices will be rendered by or payments are required to be made to an entity whose
title differs in any respect from the title in which the tender is submitted, full details must be
provided in a letter accompanying the tender. A successful Tenderer who fails to provide
this information at tender stage may experience delays in settlement of their account.
3. Specification of Standards
3.1.
Where reference is made to a UK or Republic of Ireland 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 at least an equivalent guarantee of safety,
suitability and fitness for purpose.
4. Form of Tender
4.1.
The tender documents 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 where appropriate. The documents should either be typed or completed
in ink.
4.2.
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.
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5. Qualifications
5.1.
Tenders must be submitted in accordance with the tender documents. The GLAs may not
consider any tender which is qualified by any terms or conditions of contract or general
reservations however expressed.
6. Incomplete Tenders
6.1.
The GLAs may not consider tenders which do not contain all information and particulars
requested.
7. Performance
7.1.
It will be assumed that performance and delivery of any reports will take place as specified in
these documents.
8. Alternative Tender(s)
8.1.
Alternative tender(s) involving modifications to the specified requirements will be considered,
including innovative solutions designed to meet the GLAs’ principle requirements, but will
only be considered if accompanied by a tender based strictly on the tender documents.
Alternative tenders must be free of qualification as stated above at paragraph 5 and be fully
priced to show clearly how and where costs differ from the primary tender. Technical queries
should be referred to Fiona Lynch, Commercial Manager, Northern Lighthouse Board (details
as before) in the first instance. Please note we cannot discuss any aspect of your tender or
proposed tender including any potential alternatives.
8.2.
Any alternative tender involving modifications to the specified requirements will be assessed
on its merits and may be accepted without recourse to re-tendering.
9. Price
9.1.
All unit rates and prices quoted must be quoted in UK sterling and Euro, and decimal
fractions of a UK Sterling pound and Euro.
10. Value Added Tax (VAT)
10.1.
Tendered prices must exclude VAT.
11. Submission of Tenders
11.1.
Tenders should be placed in a plain envelope using the enclosed label to arrive at the
address shown on the label no later than the Tender Deadline. The GLAs reserve the right
to reject any tender received after the Tender Deadline for whatever reason. It is
recommended that tenders be sent by recorded delivery service, Data post or other delivery
method where Tenderers can determine that the Tender has been delivered or alternatively
delivered by hand. The envelope and any associated paperwork delivered containing the
tender must not identify the sender. One original copies of your tender plus one
electronic copy on CD in PDF or similar format must be submitted.
12. Tender Validity
12.1.
Tender(s) should remain open for acceptance for a minimum period of 180 days from the
Tender Deadline.
13. Right to Accept Portion of Tender, Lowest or Any Tender
13.1.
Unless stipulated by the Tenderer, the GLAs reserve the right to accept any part of the
tender. The GLAs are not bound to accept the lowest or any tender or part thereof.
14. Terms of Payment
14.1.
The GLAs normally make payment within 30 days of receipt of a correct invoice unless
otherwise stated in the documents.
15. Additional Information to be Included in Tender Proposals
15.1.
Please provide any additional information that may support your tender.
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APPENDIX II
STATEMENT RELATING TO GOOD STANDING
STATEMENT RELATING TO GOOD STANDING — GROUNDS FOR OBLIGATORY
EXCLUSION (IN ELIGIBILITY) AND CRITERIA FOR REJECTION OF CANDIDATES in
accordance with Regulation 23 of the Public Contracts Regulations 2006 (as amended)
PROJECT TITLE: Provision of Satellite Broadband
We confirm that, to the best of our knowledge, the Potential Provider is not in breach of the
provisions of Regulation 23 of the Public Contracts Regulations 2006 (as amended) and in
particular that:
Grounds for mandatory rejection (ineligibility)
The Potential Provider or its directors or any other person who has powers of representation,
decision or control of the named organisation has not been convicted of any of the following
offences:
(a)
conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9
or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) order 1983 where that
conspiracy relates to participation in a criminal organisation as defined in Article 2 of
Council framework decision 2008/841/JHA;
(b)
corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act
1889 or section 1 of the Prevention of Corruption Act 1906 where the offence relates to
active corruption;
(c)
the offence of bribery; where the offence relates to active corruption;
(ca)
bribery within the meaning of section 1 or 6 of the Bribery Act 2010;
(d)
fraud, where the offence relates to fraud affecting the financial interests of the European
Communities as defined by Article 1 of the Convention relating to 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 and the Theft 9Northern 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 and 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 extension 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 section7 of the Fraud Act 2006;
(e)
money laundering within the meaning of section 340(11) of the Proceeds of Crime Act
2002;
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and their adjacent seas and islands
(ea)
(eb)
(f)
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;
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
any other offence within the meaning of Article 45(1) of Directive 2004/18/EC as defined by
the national law of any relevant State.
Organisation’s name
Signed
Position
Date
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Appendix III
DISCRETIONARY GROUNDS FOR REJECTION
The Potential Provider confirms that it:
(a)
being an individual is not bankrupt or has not had a receiving order or administration order or
bankruptcy restrictions order made against him or has not made any composition or
arrangement with or for the benefit of his creditors or has not made any conveyance or
assignment for the benefit of his creditors or does not appear unable to pay or to have no
reasonable prospect of being able to pay, a debt within the meaning of section 268 of the
Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in
Scotland has not granted a trust deed for creditors or become otherwise apparently insolvent,
or is not the subject of a petition presented for sequestration of his estate, or is not the subject
of any similar procedure under the law of any other state;
(b)
being a partnership constituted under Scots law has not granted a trust deed or become
otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of
its estate;
(c)
being a company or any other entity within the meaning of section 255 of the Enterprise Act
2002 has not passed a resolution or is not the subject of an order by the court for the
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;
(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.
Organisation’s name
Signed
Position
Date
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APPENDIX IV
DECLARATION OF NON-COLLUSION
1.
2.
The Tenderer certifies to the General Lighthouse Authorities 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;
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.
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 must ensure that its employees, agents, officers and representatives are made
aware of the nature of this declaration and the Tenderer must 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.
Organisation’s name
Signed
Position
Date
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Ireland;
and their adjacent seas and islands
APPENDIX V
FORM OF TENDER
DECLARATION
1. I have read the documents listed below and, subject to and upon the terms and conditions
contained in the said documents, I offer to supply the goods and services specified, at the prices
quoted in my tender submission.
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 the GLAs 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) acting on behalf of the Commissioners of Irish Lighthouses and the Corporation of
Trinity House.
3. Invitation to Tender package including but not limited to:
















Invitation to Tender document including:
Background Information
Tender Information
Contract Information
Contractor’s Responsibilities
Specification of Technical Requirements
Pricing Schedule
Tender Information Schedule
Appendix I Instructions to Tenderers
Appendix II Statement relating to Good Standing
Appendix III Discretionary Grounds for Rejection
Appendix IV Declaration of Non-Collusion
Appendix V Form of Tender
Appendix VI Tender Evaluation Matrix
Appendix VII Terms & Conditions of Contract – Draft Goods & Services Agreement
Appendix VIII Tender Return Label
4. I agree that any other terms or conditions of contract or any general reservations which may be
printed on any correspondence, emanating from me and my company in connection with this
tender or with any contract resulting from this tender, shall not be applicable to the Contract
unless specifically and individually agreed by the GLAs in writing.
5. I agree that any contract that may result from this tender shall be considered as a contract subject
to the law of Scotland.
6. I have abided by the Confidentiality of Tenders requirement set out in the Instructions to
Tenderers.
7. I understand that any goods, materials or equipment belonging to the company are carried on any
GLA vessel entirely at our own risk and the GLAs shall have no liability for these items.
8. The prices quoted and information provided within this tender is valid for acceptance and binding
for a minimum of 180 days from the tender deadline.
9. I will not hasten progress of this tender and will await contact from the GLAs as to progress
10. I have provided all the information required and our tender submission is complete and accurate.
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11. I understand the tender evaluation exercise may require participation, sample equipment or other
actions deemed necessary by the GLAs and I am happy to participate.
12. I/we confirm that we have taken account of our legal and statutory obligations, as well as all relevant
Government codes and policies (e.g. taxes, environmental protection, employment protection and
working conditions) in our tender, where they would be applicable to the supply of the Good or
Services.
13. To help Government develop its procurement policy in respect of small businesses, the
Department needs to gather information about the size of the organisations we invite to tender.
Please tick one of the following boxes:
Please tick here if your organisation has between 1 and 50 employees
Please tick here if your organisation has between 51 and 249 employees
Please tick here if your organisation has 250 or more employees
In addition:
Please tick here if your organisation is a registered company
14. I/we confirm that all copy material submitted is identical in every respect to the original,
regardless of the format or media in which it is submitted and that any electronic copy has been
virus checked and is clear at the time of despatch.
DECLARATION
Organisation’s name
Signed
Name in full
Position with authority
to sign tenders
Address
Postcode
Telephone No.
Fax No.
Mobile No.
Email address
Website
Date
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Ireland;
and their adjacent seas and islands
APPENDIX VI
TENDER EVALUATION MATRIX
Evaluation Marking
The evaluation panel will review and mark each tender submitted using a range of 0 to 10.
representative score will be chosen from the full range 0-10 taking the following into consideration:-
The
Scoring ranges
0 to 2
3 and 4
5 and 6
7 to 9
10
Non-Compliant, unacceptable, no information
Fair but below acceptable
Acceptable, appropriate, average
Good, above average
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
Mark as appropriate and provide detail of rejection reasons
Incomplete Tender submission – this
includes not providing all the information
requested, not returning the correct
documents, insufficient information provided
and failure to sign the documents within the
ITT.
Late submission of Tender – not received by
tender deadline
Incorrect, or changes to, information supplied
in your tender
Lack or breach of confidentiality
Publicity of involvement with this exercise
Undeclared collusion including but not limited
to collusion with other companies – the form
at Appendix 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 the GLAs whether
directly or indirectly.
Collusive Tendering – as detailed within the
Declaration of Non-Collusion
Anti-competitive practice
Discrimination – breaches of legislation or
individual GLA policy
Details of other issues identified
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and their adjacent seas and islands
Satellite Broadband NLB – Lot 1
Tender Evaluation Sheet
Criteria for Evaluation
Lot1
–
Northern
Lighthouse
Board
Vessels
Relevant ITT
Sections
Compliance with requirements – Price, Financial
Status of the Supplier, Acceptance of GLA`s Terms
and Conditions of Contract
Lease or Purchase costing for the Proposed
Satellite Broadband Solution
Costing for the Satellite Air Tariff, Call Costs &
Data
Additional Projects – Rate, Travel & Subsistence &
Mileage
Costing for Delivery, Installation & Commissioning
Financial Viability based on Z score and Dun &
Bradstreet Risk of Business failure
System Hardware
Score
(1-10)
Weighted
Score
40%
0
Lot1 – No1 Page
40
15%
0
Lot1 – No2 Page
40
15%
0
No 5 – Page 42
5%
Lot1 – No1 Page
40
3%
0
Q4. Page 57
2%
0
%
0
45%
0
Page 20-26
5%
0
Page 20-26
5%
0
5%
0
Level of Compliance with the specification – Fitness for
Purpose; Quality and Suitability of Products, Case Studies
,User/Operator Trg.
System Software
Weight
Outline Project Plan, Design, H & S Information &
Method Statements
Page 20 -26
Air Tariff Charges proposal/ Coverage
Page 20-26
5%
0
Call Charges proposal
Page 20-26
5%
0
5%
0
Page 20-26
5%
0
Service Level Agreements
Page 20-26
No 3 – Page 41
5%
0
User/Operator Training
Page 20-26
No 4 – Page 41
2%
0
Page 20-26
Page 55
3%
0
Data Charges proposal
Proposed Maintenance & Support
Previous relevant experience including relevant
case studies and site references?
Page 20 -26
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Comments
The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Tenderers or their representatives submitting a tender that
have not attended the site visit will not be considered for this
Tender
Site Visit
Pass/Fail
Pass/Fail
15%
0
Page 68-69
Appendix VII
Yes/No
0
Page 50 -61
10%
0
Page 39
5%
0
Company Information and Contractual aspects
Compliance with terms and conditions of contract
agreement
Information provided in the Tenderer Information
Schedule - Organisation, Capability, Financial,
Insurance, Disputes, Quality Assurance, Health &
Safety, Environmental Issues, Equality, CSR
Pricing Mechanism for proposed Increases
Relevant
ITT
Sections
Criteria for Evaluation
Price, Financial Status of the Supplier,
Delivery, Installation & Commissioning
Fitness for Purpose, Quality and Suitability of
Proposal
Site Visit
Company Information
Weight
Score (1-10)
40%
0
45%
0
Pass/Fail
Pass/Fail
15%
0
Weighted
Score
Total of Second Stage Evaluation and
Final Results
Total
0
Completed by
Completed
by
Date
Date
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Satellite Broadband Trinity House (TH) – Lot 2
Tender Evaluation Sheet
Criteria for Evaluation
Lot 2
Trinity
House
Vessels
–
Relevant ITT
Sections
Compliance with requirements – Price, Financial
Status of the Supplier, Acceptance of GLA`s
Terms and Conditions of Contract
Lease or Purchase costing for the Proposed
Satellite Broadband Solution
Costing for the Satellite Air Tariff, Call Costs &
Data
Additional Projects – Rate, Travel & Subsistence
& Mileage
Costing
for
Delivery,
Installation
&
Commissioning
Financial Viability based on Z score and Dun &
Bradstreet Risk of Business failure
System Hardware
Score
(110)
Weighted
Score
40%
0
Lot1 – No1
Page 44
15%
0
Lot1 – No2
Page 44
15%
0
No 5 – Page 46
5%
Lot1 – No1
Page 44
3%
0
Q4. Page 57
2%
0
%
0
45%
0
Page 27-35
5%
0
Page 27-35
5%
0
5%
0
Level of Compliance with the specification – Fitness for
Purpose; Quality and Suitability of Products, Case Studies
,User/Operator Trg.
System Software
Weight
Outline Project Plan, Design, H & S Information &
Method Statements
Page 27-35
Air Tariff Charges proposal/ Coverage
Page 27-35
5%
0
Call Charges proposal
Page 27-35
5%
0
5%
0
Page 27-35
5%
0
Service Level Agreements
Page 27-35
No 3 – Page 45
5%
0
User/Operator Training
Page 27-35
No 4 – Page 45
2%
0
Page 27-35
Page 55
3%
0
Data Charges proposal
Proposed Maintenance & Support
Previous relevant experience including relevant
case studies and site references?
Page 27-35
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Comments
The General Lighthouse Authorities for Scotland & the Isle Of Man;
England, Wales & the Channel Islands;
Ireland;
and their adjacent seas and islands
Tenderers or their representatives submitting a tender that
have not attended the site visit will not be considered for
this Tender
Site Visit
Pass/Fail
Pass/Fail
15%
0
Page 68-69
Appendix VII
Yes/No
0
Page 50 -61
10%
0
Page 39
5%
0
Company Information and Contractual aspects
Compliance with terms and conditions of contract
agreement
Information provided in the Tenderer Information
Schedule - Organisation, Capability, Financial,
Insurance, Disputes, Quality Assurance, Health &
Safety, Environmental Issues, Equality, CSR
Pricing Mechanism for proposed Increases
Relevant
ITT
Sections
Criteria for Evaluation
Price, Financial Status of the Supplier,
Delivery, Installation & Commissioning
Fitness for Purpose, Quality and Suitability
of Proposal
Site Visit
Company Information
Weig
ht
Score (1-10)
40%
0
45%
0
Pass/Fail
Pass/Fail
15%
0
Weighted
Score
Total of Second Stage Evaluation and
Final Results
Total
0
Completed by
Completed
by
Date
Date
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Ireland;
and their adjacent seas and islands
APPENDIX VII
TERMS & CONDITIONS OF CONTRACT
DRAFT GOODS & SERVICES AGREEMENT
PARTIES
(1) THE COMMISSIONERS OF NORTHERN LIGHTHOUSES operating as the Northern
Lighthouse (“NLB”), THE COMMISSIONERS OF IRISH LIGHTS (“CIL”) and THE
CORPORATION OF TRINITY HOUSE OF DEPTFORD STROND (“TH”) hereinafter
each individually referred to as an “Organisation” and together with their statutory
successors collectively referred to as the “Customer” care of NLB 84 George Street,
Edinburgh, EH2 3DA; and
(2) [INSERT SUPPLIER] (registered in
[INSERT ADDRESS]; (the “Supplier”).
No.) whose registered office is at
WHEREAS:
(A)
The Customer issued a tender for the supply to the organisations comprising the Customer
for Satellite Broadband and the Customer accepted the Supplier’s tender in respect thereof.
(B)
In respect of Satellite Broadband Equipment in Sections 1 to 3 which has been identified at
this stage without any commitment to purchase and there is the potential for further enhanced
hardware to be purchased from the Supplier once that hardware has been developed and its
suitability demonstrated to the Customer.
(C)
The Organisations are General Lighthouse Authorities which are the statutory bodies with
responsibility for the superintendence and management of all lighthouses, buoys and beacons
within their statutory areas.
(D)
The Supplier will provide the Equipment to the Customer upon the issue of Purchase Orders,
which are subject to these Terms and Conditions. The Customer do not commit to issuing
Purchase Orders.
THEREFORE IT IS AGREED AS FOLLOWS:
1.
Definitions
In this Agreement unless the context otherwise requires:
‘Acceptance Date’
means the date when the Customer provides the Supplier with
written confirmation of the successful outcome of the Acceptance
Tests;
‘Acceptance Tests’
means the acceptance tests referred to in clause 14 which test
whether the Equipment provides the functions and meets the
performance criteria set out in the Technical Specification;
‘Actual Date of Delivery’
means the actual date of delivery of the Equipment and
Documentation to the Places of use;
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‘Agent’
means NLB appointed in accordance with clause 3;
‘Authorised Officers’
means Director of Finance or Chief Executive of NLB or such other
persons nominated from time to time by NLB;
‘Confidential Information’
means any information, which has been designated as confidential
by either Party in writing or that ought to be reasonably considered
confidential however it is conveyed, including information that relates
to the business, affairs, development, trade secrets, know-how,
personnel and suppliers of the Supplier, including Intellectual
Property Rights, together with all information derived from the above,
any other information clearly designated as being confidential
(whether or not it is marked as “confidential”) or which ought
reasonably to be considered to be confidential (including but not
limited to, all data included in product specification and tender
documents );
Contract’
means a Purchase Order and the Terms and Conditions, together
with any annexes, schedules or appendices hereto.
Delivery Address’
means the address nominated in the Purchase Order by the
Customers;
‘Delivery Date’
the date of delivery of the Equipment;
‘Documentation’
means the documentation to be provided by the Supplier to the
Customer under clause 16;
‘Equipment’
means the equipment to be sold by the Supplier to the Customers
pursuant to this agreement as detailed in Schedule Part 2;
‘Estimated Delivery Date’
means the dated estimated in a Purchase Order for delivery of the
Equipment
‘Fees’
means the aggregate price specified in a valid purchase order from
an Customer to the Supplier based on the fixed prices set forth in
Schedule Part 4 for the Equipment and other services to be provided
by the Supplier as contemplated by this Agreement;
‘FOIA’
means the Freedom of Information Act 2000 or any statutory
modifications or re-enactment thereof.
‘Force Majeure’
means any cause that is not an Act of God that is not reasonably
within the control of the management or workforce of the Supplier or
subcontractors or suppliers but, for the avoidance of doubt, Force
Majeure shall NOT include: Strikes, overtime bans, work to rule or other sanctions
imposed on the Supplier or any subcontractors or suppliers
by their workforce.
 Shortages of labour or the reallocation of labour to other
work of the Supplier of any of his subcontractors or suppliers
not related to this agreement.
 Shortages or defective appurtenances or components for the
Equipment.
 Fire or other damage to the Equipment or its appurtenances
or components or to the premises of the Supplier or his
subcontractors or suppliers (except fire or other damage
arising from an Act of God)
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


‘GLAS’
Any delay caused by or attributable to any of the work of the
Supplier or any of his subcontractors or suppliers not
connected to this agreement.
Improper design, construction, installation or operation of any
material or component or appurtenance comprising the
Equipment or any malfunction thereof.
Inclement weather that could be considered as normal for the
time of year and the location.
means the Commissioners of Northern Lighthouses operating as the
Northern Lighthouse Board of 84 George Street, Edinburgh EH2 3DA
and the Commissioners of Irish Lights of Harbour Road, Dun
Laoghaire, County Dublin and the Corporation of Trinity House,
Tower Hill, London EC3N 4DH.
‘Intellectual Property Rights’ means all intellectual property rights anywhere in the world (including
present and future intellectual property rights and whether registered
or not) relating to any Confidential Information, business names or
logos, copyright, database rights, patents, trade or service marks,
designs, design rights, the Equipment, computer data, generic rights,
Software programmes and source code and all variations,
modifications or enhancements to each of them together with any
application or right to apply for registration or protection of those
rights;
‘Parties’
means any party to the Contract
‘Personnel’
mean employees, agents and suppliers of the Supplier;
‘Price Adjustment Mechanism’ means the price adjustment mechanism set out in this document.
‘Project’
means all work required under this Agreement to supply, install and
commission the Equipment and to train the personnel of the
Customer’s in the operation of the Equipment.
‘Purchase Order’
means an order for Equipment issued by an Customer which is
subject to the terms of this agreement and shall include details of
Equipment required, quantity, Estimated Delivery Date and delivery
location and any other special instructions.
‘Ready for Use’
means that the Equipment is tested in accordance with the Technical
Specification and ready for use in accordance with clause 15;
‘Schedule’
means the schedule in several parts annexed to this agreement.
‘Support Services’
means the support services to be provided by the Supplier to the
Customer as detailed in Part 5 of the Schedule.
“Agreement Period”
shall mean a 3 year period commencing on XX XXXXX 2013 and
terminating on XX XXXXXXX 2016 (unless terminated earlier in
accordance with the conditions of this Agreement) together with any
extended period pursuant to Clause 3.7
‘Technical Specification’
means the technical specification of the Equipment that includes a
description of the functions and performance criteria of the
Equipment as set forth in part 1 of the Schedule
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and their adjacent seas and islands
‘Tender’
means the GLAs invitation to tender package dated [ ], the Suppliers
tender submission dated [ ] and [other to be specified]
‘Termination Date’
means the date of termination of the agreement, in accordance with
the applicable criteria contained in Clause 22.
‘Terms and Conditions’
means these terms and conditions of contract dated [x x 2013],
together with any annexes, schedules or appendices hereto including
the Tender.
‘Warranty Period’
means the warranty period expiring on the date specified in clause
17.2.
2.
Interpretation
In this Agreement unless the context otherwise requires:
2.1
a word importing the singular includes the plural and vice versa;
2.2
a word importing a gender includes each other gender;
2.3
a reference to any document is a reference to that document as varied, novated or replaced
from time to time;
2.4
a reference to a person or entity includes a natural person, a partnership, corporation, trust,
association, an unincorporated body, authority or other entity;
2.5
a reference to a person includes that person’s legal personal representative, successors and
permitted assigns;
2.6
a reference to “writing” or “written” includes faxes but not emails:
2.7
documents in agreed form are documents in the form agreed by the parties to this Agreement
and initialled by them or on their behalf for identification; and
2.8
reference to a clause or a schedule is a reference to a clause of, or schedule to, this
agreement.
3.
Appointment of the Supplier and Basis of the Contract
3.1
The Customer appoints the Supplier, on a non-exclusive basis, and the Supplier accepts such
appointment, to supply the Equipment upon and subject to the terms of this Agreement.
3.2
Each Purchase Order issued by a Customer shall form a separate contract with the
Supplier but shall be governed by the Terms and Conditions.
3.3
Any standard terms of the Supplier communicated in any way whatsoever to the Supplier and
at any time shall not apply to a Purchase Order.
3.4
Where a Customer requires an additional term to apply a Purchase Order, it may request the
inclusion of that term with the Supplier but the term shall not be included without the
agreement of both the Supplier and the Customer.
3.5
In the event of any conflict between the terms of these Terms and Conditions and the terms of
a Purchase Order, these Terms and Conditions shall prevail, subject to any variation made
under clause 3.4. In the event there is any express conflict between any provision
incorporated in any part of the Schedule, Tender documentation and any provision(s) in these
Terms and Conditions, the provision(s) of the main body of these Terms and Conditions shall
prevail..
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3.6
The Supplier agrees to provide the Equipment to each Customer pursuant to all Purchase
Orders and not to refuse to fulfil a Purchase Order.
3.7
The agreement period shall be a for a three (3) year period commencing on XX XXXXX 2013
and terminating on XX XXXXXXX 2016 (unless terminated earlier in accordance with the
conditions of this Agreement) The Customer reserve the right to extend the Agreement
beyond Supply Period for an extended period of a further one (1) year and the Supplier
agrees to continue to provide the Equipment under this Agreement during such extended
period subject to adjustment of the Contract Price in accordance with the agreed Price
Adjustment Mechanism. The Agreement will be extended for one year by the Customer
serving notice in writing to the Supplier at least 6 months but not more than 9 months before
the Supply Period in the year the Agreement is due to expire and on receipt of such notice the
Agreement will be extended for an additional year.
4.
Variation of Contract
4.1
Any variation of any provision of this Contract by the Customer must be effected in writing
issued by the duly authorised representative of the Customer and agreed by the Supplier, and
no purported variation by any other means shall bind the Customer.
4.2
The Supplier may propose variations to the Contract for the consideration of the Client but the
Contract cannot be varied unless effected by the parties in accordance with Condition 4.1.
5.
Delivery
5.1
The Supplier shall use all reasonable endeavours to deliver the Equipment and the
Documentation to the Delivery Address on the Delivery Date or as soon thereafter as is
reasonably practicable, but in any event before the Termination Date and in accordance with
Clause 32.
5.1.1 Where any access to the Delivery Address is necessary in connection with delivery or
installation, the Supplier and his sub-contractors shall at all times comply with the
reasonable requirements of the Customer.
5.2
The Supplier shall give each Customer no less than [5] working days’ notice of the Actual
Delivery Date.
5.3
At delivery the Supplier shall make available to each Customer free of further charge such
labour and equipment as shall be required to deliver the Equipment.
5.4
If the Supplier shall fail to deliver the Equipment and Documentation by the Termination Date
the Customer shall be entitled to:
5.4.1
5.4.2
5.4.3
without prejudice to any rights or remedies of the Customer, the Customer may
forthwith terminate this agreement by notice in writing to the Supplier; and/or
after consultation with the Supplier to specify by written notice to the Supplier such
revised date of delivery as it shall in its sole opinion think fit, making time of the
essence; and/or
proceed with the contract hereunder but claim damages from the Supplier pursuant to
clause 23 below.
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6.
Supplier Obligations
6.1
The Supplier hereby covenants to provide the Goods and perform the Services in accordance
with the Technical Specification set out at Part [1] of the Schedule and all other terms of this
Agreement including the Tender documentation. In the event there is any express conflict
between any provision incorporated in any Part of the Schedule, Tender documentation and
any provision(s) in the main body of this Agreement, the provision(s) of the main body
of
this Agreement shall prevail.
6.2
The Supplier shall,
6.2
(a)
timeously perform the tasks allocated to the Supplier and do all other work
reasonably necessary to supply the Equipment in order that it provides the functions
and meets the performance criteria set out in the Technical Specification;
(b)
timeously provide the Equipment Ready for Use;
(c)
timeously provide the Documentation;
(d)
timeously provide the Support Services; and
(e)
timeously provide services during the Warranty Period in accordance with clause 18.
The Supplier shall:
(a)
ensure that any sub supplier/contractor to the Supplier which the Supplier is permitted
to engage under the Agreement complies with the Technical Specification and the
Project Plan to the extent required to enable the Supplier to perform its obligations
under this Agreement;
(b)
ensure that the Technical Specification of the Equipment is completed and tested by
the Supplier and ready for acceptance testing in accordance with this Agreement by
the date specified by the Customer;
(c)
use all reasonable endeavours to adhere to date milestones provided by the
Customer.
6.3
The Customer shall communicate any modifications to or changes to the Project Plan within
twenty-one (21) days before Delivery Date by the Supplier. The Supplier shall implement
such changes accordingly.
7.
Customer’s Obligations
7.1
Each Customer must provide the Supplier promptly with all such information which the
Supplier reasonably requires so that the Supplier is not delayed in performing its obligations
under this Agreement.
8.
Fees payment and title
8.1
Subject to the remaining terms of this Agreement and in particular the rights on the part of the
Customer to terminate this Agreement, and to each Customer having issued a valid Purchase
Order to the Supplier, each Customer shall pay the Supplier the Fees for which it is liable
pursuant to the Purchase Order that an Customer has issued, but no Customer shall
otherwise be liable in respect of fees.
8.2
An Customer shall not be liable to the Supplier for the Fee or any other agreed costs or
expenses unless that Customer has issued a Purchase Order to the Supplier, relevant
Equipment or Services has been delivered to that Customer and an invoice has been
provided in accordance with Clause 8.2 below following the Acceptance Date. The Customer
will pay all amounts properly due for payment together with Value Added Tax (if applicable)
within thirty (30) business days of receipt of a correct invoice. ‘business day’ shall mean any
day (other than a Saturday or Sunday) during which the clearing banks are open for normal
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banking business in the city of London. The provisions of the Prompt Payment of Accounts
Act 1997 shall not apply to this Agreement.
8.3
The Supplier shall invoice each of the Customers individually for Fees in Sterling (including all
licensing and deliverables) but in the case of the Commissioners of Irish Lights (“CIL”), the
Supplier shall invoice CIL in Euro and shall accept payment from CIL in that currency.
8.4
Payment by the Customer shall be without prejudice to any claims or rights which the
Customer may have against the Supplier and shall not constitute any admission by the
Customer as to the performance by the Supplier of its obligations under the Agreement. Prior
to making any such payment, the Customer shall be entitled to make deductions or
deferments in respect of any disputes or claims whatsoever with or against the Supplier.
8.5
Notwithstanding any provision to the contrary, the Customer shall be entitled to set off and/or
retain any payment due pursuant to the Agreement while there is a disputed matter under this
Agreement.
8.6
The Customer shall not be obligated to the Supplier in respect of any increase in costs unless
a valid Purchase Order has been issued by an authorised representative of the Customer in
respect of any further work of the Supplier, which was not specifically mentioned or referred to
in the Technical Specification.
8.7
The Customer shall not be liable for any modifications to the Equipment or to this Agreement
unless the Supplier has supplied the Customer with a written quotation setting out a detailed
list of any proposed modifications and the Customer or its Agent has accepted these
modifications to the Equipment by issuing a written Purchase Order signed by an Authorised
Officer.
9
Damage In Transit
9.1
On dispatch of any consignment of the Goods the Supplier shall send to the Customer at the
address for delivery of the goods an advice note specifying the means of transport, the place
and date of dispatch, the date and time of delivery and the number of packages, a description
of the Goods and their weight and volume. The Supplier shall free of charge and as quickly
as possible either repair or replace (as the Customer shall elect) such of the Goods as may
either be damaged in transit or having been placed in transit fail to be delivered to the
Customer provided that:
(a) in the case of damage to such Goods in transit the Customer shall within thirty days of
delivery give notice to the Supplier that the Goods have been damaged:
(b) in the case of non-delivery the Customer shall (provided the Purchaser has been
advised of the dispatch and date of delivery of the Goods) within 21 days of the notified date
of delivery give notice to the Supplier that the Goods have not been delivered.
10
Labelling and Packaging
10.1
The Goods shall be packed and marked in a proper manner and in accordance with the
Customer’s instructions and any statutory requirements and any requirements
of
the
carriers. In particular the Goods shall be marked with the number of the Purchase Order (if
any) and the net, gross and tare weights, the name of the contents shall be clearly marked
on each container and all containers of hazardous goods (and all documents relating
thereto) shall bear prominent and adequate warnings. The Supplier shall indemnify the
Customer against all actions, suits, claims demands, losses,
charges,
costs
and
expenses which the Customer may suffer or incur as a result of or in
connection with any
breach of this Condition.
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10.2
All packaging materials will be considered non-returnable and will be destroyed unless the
Supplier’s advice note states that such materials will be charged for unless returned. The
Customer accepts no liability in respect of the non-arrival at the Supplier's
Premises of
empty packages returned by the Customer unless the Supplier shall within ten
days
of
receiving notice from the Customer that the packages
have been dispatched notify the
Purchaser of such non-arrival.
10.3
The Supplier represents and warrants that the maximum use has been made of recycled
materials in the manufacture of crates, pallets, boxes, cartons, cushioning and other forms of
packing, where these fulfil other packaging specifications.
11.
Risk and Title
Title in and risk in to the Equipment and Documentation shall pass to the Customers on the
Acceptance Date.
12.
Sub-contracting
The Supplier may not sub-contract all or any part of its obligations hereunder to any third
party without the prior written consent of the Customer (which consent shall not unreasonably
be withheld or delayed). Sub-contracting shall not relieve the Supplier of any obligation or
duty attributable to him under this Agreement. Where the Customer consents to the placing of
sub-contracts, a copy of each sub-contract shall be sent by the Supplier to the Customer
immediately it is issued.
13.
Systems Testing
13.1
The Supplier must prepare and submit to the Customer in accordance with the Detailed
Project Plan sufficient tests, test results and test data to indicate whether the Equipment
provides the functions and meets the performance criteria set out in the Technical
Specification which tests will include at least those tests which assess the performance of the
Equipment as against the criteria set out in the Technical Specification.
13.2
The Supplier must give the Customer, at least five (5) days’ written notice of the date on
which the Supplier expects the Equipment to be ready for the Acceptance Tests.
14.
Ready for use
After the Acceptance Tests have satisfactorily been completed the Supplier must guarantee
that each item comprised in the Equipment, is ready for use in terms of providing the
functions and meeting the performance criteria set out in the Technical Specification.
15.
Documentation and Training
The Supplier shall:
15.1
provide the Customer with user documentation in the English language and
containing sufficient information to enable the Customer to make full use of the
Equipment.
15.2
provide each Customer, free of further charge, with full training in respect of the
Equipment as specified in Schedule Part [ ];
16.3
provide each Customer, free of further charge, with the Support Services.
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16.
Performance Warranties
16.1
The Supplier warrants to the Customer that the Equipment:
(a)
will provide the functions and meet the performance criteria set out in the Technical
Specification; and
(b)
will be fit for purpose: and
(c)
will be of satisfactory quality and free from design and material defects.
16.2
If at any time before the date falling forty eight (48) calendar months after the date the
Equipment is Ready for use, the Supplier becomes aware or the Customer advises the
Supplier of any failure of the Equipment to comply with the warranties given under this clause
18., the Supplier must promptly correct that failure.
16.3
All remedial work or replacement of the whole or any part of the Equipment carried out by the
Supplier is warranted by the Supplier to the same extent as the Equipment from the date the
Equipment was supplied or the part was replaced as the case may be.
16.4
If the Supplier is unable to correct any failure in accordance with clause 17.2, the Customer
may elect:
(a)
to continue using the Equipment under this Agreement; or
(b)
16.5
to reject the Equipment and terminate this Agreement under clause 23.
If the Customer elects under clause 17.4(a) to continue using the Equipment:
(a)
the Fees or the total amount payable under this Agreement will be reduced by an
amount attributable to that part of the Equipment that does not provide the functions
and meet the performance criteria set out in the Technical Specification; and
(b)
the Supplier must refund to the Customer the difference, if any, between the total
amount actually paid by the Customer under this Agreement to the date of the
election and the reduced Fees or total amount payable under this Agreement.
17.
Intellectual Property Warranty
17.1
The Supplier warrants to the Customer that the use of the Equipment by the Customer will not
infringe the Intellectual Property Rights of any third party.
17.2
If a claim is made that the Equipment infringes the Intellectual Property Rights of any person,
the Supplier must use its best endeavours to:
(a)
procure promptly for the Customer the right to use the Equipment free of any claim or
liability for infringement; or
(b)
replace promptly the Equipment with non-infringing substitute Equipment that
complies substantially with the Technical Specification
and shall indemnify and hold each Customer harmless from and against any costs, claims
awards liabilities or expenses suffered or incurred by any of the Customers in respect of a
claim by a third party that the possession or use by an Customer of the Equipment or
Documentation infringes the rights of a third party during the contract and will continue after
termination of the contract.
17.3
If the Supplier replaces the Equipment under clause 18.2(b) with Equipment of a third party,
the Supplier must procure for the Customer free of charge to the Customer a non-exclusive,
perpetual licence to use that replacement Equipment.
18.
Liability and insurance
18.1
The Supplier does not exclude liability for fraud, death or personal injury to the extent to which
it arises from the Supplier’s negligence or breach of contract.
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18.2
18.3
The Supplier will be liable for and shall indemnify the Customer against all consequential
losses, costs, losses, claims, awards and expenses incurred as a result of a failure of the
Equipment or any other breach under this Agreement and in particular, but without limitation,
the Supplier shall be responsible for the costs of re-awarding this agreement (or any part of it)
to a third party following upon termination of this agreement by the Customer as a result of a
breach by the Supplier hereunder.
The Supplier shall indemnify the Customer, their servants and agents against all actions,
claims, demands, costs and expenses incurred by or made against the Customer, its
servants or agents in respect of any loss or damage or personal injury (including death)
which arises out of or in connection with the Agreement, and without limitation, the Supplier
shall be responsible for the costs of re-awarding this agreement (or any part of it) to a third
party following upon termination of this agreement by the Customer as a result of a breach
by the Supplier hereunder.
18.4
The Supplier will effect and maintain Public Liability and Professional Indemnity Insurance for
a minimum of £10 million GBP per category for any one incident and unlimited in total and
which shall apply in respect of the Equipment and Services and all other insurances required
by law in relation to the provision of the Equipment and Services. The insurance policies
must be maintained and exhibited to the Customer or its agents upon the request of the
Customer.
18.5
The Supplier (if an individual) represents that he is regarded by both the Inland Revenue and
the Department of Work and Pensions as self-employed and accordingly shall indemnify the
Client against any tax, national insurance contributions or similar impost for which the Client
may be liable in respect of the Supplier by reason of the Contract.
18.6
The Supplier shall be responsible for making appropriate PAYE deductions for tax and national
insurance contributions from the remuneration which it pays to its personnel and the Supplier
agrees to indemnify the Client in respect of any claims or demands which may be made by the
relevant authorities against the Client in respect of income tax relating to the provision of the
Project by the Supplier.
18.7
All property of the Supplier while performing the Supplier’s obligations under this agreement
shall be at the risk of the Supplier and the Customer shall accept no liability for any loss or
damage howsoever occurring to the Supplier’s property except where any such loss or
damage was caused by the wilful misconduct of the Customer or any of its employees.
19.
Confidentiality
19.1
The Supplier undertakes to abide and procure that his employees abide by the provisions of
the Official Secrets Acts 1911 to 1989.
19.2
The Supplier shall keep secret and not disclose and shall procure that his employees keep
secret and do not disclose, any Confidential Information obtained by it by reason of this
agreement except information which is in the public domain otherwise than by reason of a
breach of this provision.
19.3
The Supplier acknowledges that NLB is subject to the FoIA and that Trinity House, whilst not
designated as a public authority pursuant to the FoIA shall act within the spirit of the
legislation where appropriate.
19.4
All information related to the Contract between the Client and the Supplier which is held by
the Supplier on behalf of the Client shall be regarded as being held by the Client and is
subject to the provisions of the FoIA.
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19.5
The Customer may disclose all such information as aforesaid related to the Contract and the
Client 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 Tender; or (ii) notified to the Client 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 Client in confidence for the period set
out in that Schedule or notification; and/or (b) which constitutes a trade secret.
19.6
Disclosure may be made by the Customer 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 Communities or elsewhere in accordance with any EC 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.
19.7
The Customer may seek and obtain references about the Supplier from banks, existing or
past clients, or other referees proposed by the Supplier.
19.8
The Supplier acknowledges that it is aware that the Customer 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 Customer in order that the
Customer complies with such standards or any other standards which apply to the Customer
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
Customer with details of the Customer’s policies, procedures, systems and measures
pertaining to the protection of its own information technology when so requested).
19.9
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 Client 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 Client 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 Client may consult with the Supplier
to inform its decision regarding any redactions but the Client shall have the final decision in its
absolute discretion. The Supplier shall assist and cooperate with the Client to enable the
Client to publish the Contract.
19.10
The Customer may consult with the Supplier to inform its decision regarding exemptions but
the Customer shall have the final decision in its absolute discretion.
19.11
The Supplier shall assist and cooperate with the Customer to enable the Customer to publish
this Agreement.
19.12
The provisions of this clause 20 shall apply during the continuance of this Agreement and
after its termination howsoever arising.
20
Force Majeure
20.1
In circumstances where a Force Majeure event arises and causes a delay in the provision of
the Good and Services by the Supplier, the Supplier shall, immediately upon becoming aware
that any such delay has been caused, give to the Customer notice in writing of its claim for an
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extension of time for the completion of that part of the Goods and Services and the Customer
shall allow the Supplier an extension of time for such completion in respect of any delay
caused by any Force Majeure event (as shall be reasonable). Provided always that the
Supplier shall not be entitled to any extension of time unless he shall at all times have used all
reasonable endeavours to prevent any such delay and to minimise any such delay and to do
all that may be reasonably required to the satisfaction of the Customer to proceed with the
provision of the Goods and Services.
20.2
In the event that the occurrence of an event of Force Majeure shall prevent performance of
the obligations of either party hereunder to the extent that it becomes impossible to provide
the Goods and Services, then if such impossibility should continue for a consecutive period of
seven days either party may terminate this Agreement by giving thirty days written notice to
the other, in which event the Parties shall have no further liability under this Agreement
beyond settlement of charges due to date of termination.
21
Value Added Tax
21.1
The Organisation shall pay to the Supplier, in addition to the Fee a sum equal to the Value
Added Tax chargeable on the value of the Services Equipment provided in accordance with
the Agreement, if applicable
21.2
Any invoice or other request for payment of moneys due to the Supplier under the Agreement
shall, if it is a taxable person, be in the same form and contain the same information as if the
same were a tax invoice for the purposes of Regulations made under the UK Finance Act
1972 or any equivalent Legislation, including legislation within the Republic of Ireland.
21.3
The Supplier shall, if so requested by the Customer, furnish such information as may
reasonably be required by the Customer as to the amount of Value Added Tax chargeable
on the value of the Equipment supplied in accordance with the Agreement and payable by
the Customer to the Supplier in addition to the Fee.
22.
Termination
22.1
An Organisation may cancel a Purchase Order without any liability whatsoever to the
Customer immediately upon written notice to the Supplier if:
(a)
the Supplier fails to provide the Equipment Ready for Use before the Termination
Date
(b)
an Customer rejects the Equipment under clauses 14.6(c) or 17.4(b) ; or
(c)
the Supplier breaches any other provision of this Agreement and fails to remedy the
breach within fifteen (15) days after receiving written notice requiring it to do so.
22.2
This Agreement may be terminated by the Supplier by giving thirty days’ written notice to the
Customer if the Customer has failed to pay any amount due under this Agreement and then
fails to make that payment within thirty (30) days after receiving notice from the Supplier
requiring it to do so.
22.3
Notwithstanding any provision to the contrary in this agreement, this Agreement may be
terminated by the Customer at any time by giving to the Supplier 30 days’ written notice.
22.4
This Agreement may be terminated by either party immediately:
(a)
if the other party breaches any provision of this Agreement and fails to remedy the
breach within thirty (30) days after receiving a written notice from the non-defaulting
party requiring it to remedy the breach; or
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(b)
22.5
by written notice from the non-defaulting party to the defaulting party if the defaulting
party breaches a material provision of this Agreement and that breach is not capable
of being remedied.
A party will be deemed to be in default of this Agreement if:
(a)
there is any change in the direct or indirect beneficial ownership or control of that
party (other than changes as notified to the Customer before the commencement of
the Agreement);
(b)
that party disposes of the whole or part of its business, operations or business other
than in the ordinary course of business (other than changes as notified to the
Customer before the commencement of the Agreement);
(c)
that party ceases to carry on business;
(d)
that party ceases to be able to pay its debts as they become due;
(e)
that party passes a resolution, or a court makes an order that the party be wound up
otherwise than for the purpose of a bona fide reconstruction or amalgamation;
(f)
a receiver, manager administrator or similar official on behalf of a creditor is
appointed in respect of the business or any part thereof of that party;
(g)
that party has an administrator appointed or documents filed with the court for the
appointment of an administrator or notice is given of an intention to appoint an
administrator by such party or its directors or by a qualifying floating charge holder
(as defined in the UK Insolvency Act 1986 paragraph 74 Schedule B1);
(h)
that party is unable to pay its debts within the meaning of section 123 of the UK
Insolvency Act 1986; or
(i)
any similar event occurs under the law of any other jurisdiction in respect of that
party.
23.
After termination or completion
23.1
If the Customer terminates the Agreement:
(a)
If the Customer exercises its right to terminate pursuant to clause 22.3, it shall be
liable to pay to the Supplier any outstanding Fees applicable to and in respect of
Purchase Orders previously completed by the Supplier and accepted by the
Customer, but for no other amounts whatsoever.
23.2.1 The obligations of confidentiality under clause 19 (Confidentiality) continue to apply to the
parties to this Agreement (in addition to any assignee) after termination, completion or
assignment of this Agreement.
23.3
Termination of this Agreement will not affect the accrued rights or remedies of either party.
24.
Dispute Resolution Procedure
24.1
If any dispute or difference arises out of or in connection with this Agreement which the
Parties are unable to resolve by negotiation (the “Dispute”), the Parties shall seek to resolve
the Dispute amicably by using the following procedure.
24.2
The Parties shall submit the Dispute to an independent mediator (the “Mediator”) appointed
by agreement between the Parties to assist them in resolving the Dispute. Either party may
give written notice to the other describing the nature of the Dispute, requiring the Dispute to
be submitted to a Mediator and proposing the names of up to three (3) suitable persons to be
appointed. If no such person is appointed by agreement between the Parties within ten (10)
days after such notice is given (or, if no such notice is given, within twenty one (21) days after
the Dispute has arisen), either party may request the President for the time being of the
Incorporated Law Society of Scotland to appoint the Mediator.
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24.3
If the Parties reach agreement as to the resolution of the Dispute, such agreement shall be
recorded in writing and signed by the Parties (and, if applicable, the Mediator), whereupon it
shall become binding upon the Parties.
24.4
If:
(a)
the Dispute has not been resolved to the satisfaction of all parties within sixty (60)
days after the appointment of the Mediator; or
(b)
either Party fails or refuses to agree to or participate in the dispute resolution
procedure; or
(c)
the Dispute is not resolved within ninety (90) days after it has arisen;
then the Parties shall be free to litigate in accordance with governing law and jurisdiction
clause.
24.5
In the event that the Dispute is litigated:
(a)
the Mediator shall not, unless the Parties all agree otherwise, take any part in the
proceedings, whether as witness or otherwise, and no aspect of the dispute
resolution procedure, including any recommendations made by the Mediator in
connection with the dispute resolution procedure, shall be relied upon by any Party
without the consent of the other party and the Mediator; or
(b)
neither party shall make use of nor rely upon information supplied, or arguments
raised, by the other party in the dispute resolution procedure.
24.6
The costs and fees of the Mediator, any dispute resolution service provider and any neutral
venue shall be borne equally by the parties. The Parties shall bear their own costs of all other
aspects of the dispute resolution procedure.
25
Agency
The Customer appoints NLB to act as its lawful agent with such powers to negotiate or
execute any documents on the Customer’s behalf and to enforce any other rights, which the
Customer may have in terms of this Agreement. Each Customer shall act on its own
behalf in respect of the placement of Purchase Orders and delivery arrangements and the
payment of invoices for Purchase Orders.
26
Time is of the Essence
Time shall be of the essence of the Agreement, both as regards times, dates and
periods specified in the Agreement and the any project plans and as to any times, dates or
periods that may by agreement between the parties be substituted for any of them.
27
Assignation
The Supplier shall not assign or otherwise transfer all or any of its rights or obligations under
this agreement without the prior written consent of the Customer.
28
Corrupt gifts or payments and Bribery
28.1
The Supplier has not and shall not offer to give, or agree to give, to any employee or
representative of the Customer any bribe, 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 for this or any other contract with the Customer or for
showing or refraining from showing favour or disfavour to any person in relation to this or any
such contract. The attention of the Supplier is drawn to the criminal offences created by the
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Public Bodies Corrupt Practices Act 1889 and the Prevention of Corruption Acts 1906 and
1916 and the Bribery Act 2010 as amended from time to time.
29
Discrimination
29.1
In relation to this Agreement, the Supplier shall not unlawfully discriminate within the meaning
and scope of the provisions of Equality Act 2010 and the Equality Act 2006, or any statutory
modification or re-enactment thereof relating to discrimination in employment. 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 permitted sub-contractors employed in the
execution of the Contract.
29.2
The Supplier acknowledges that it shall be responsible for obtaining a copy of each
Organisations’ equality policies and the Supplier shall be responsible for ensuring that it and
all servants, employees and agents of the Supplier and all permitted sub-contractors
employed in the performance of the Supplier’s obligations under this Contract shall comply
with the provisions and the spirit of such documents and each Organisation shall use its
reasonable endeavours to provide the Supplier with copies of such documents.
30
Health & Safety and Environmental Laws
The Supplier shall be responsible for ensuring that it performs its obligations under this
Agreement so as to ensure that all aspects of the Project comply with the provisions of all
health and safety and environmental laws including without limitation the Health & Safety at
Work etc Act 1974; Directive 89/391/EC as implemented by the Management of Health &
Safety at Work Regulations 1999 (SI 1999 No. 3242) as amended; Directive 89/655/EC as
implemented by the Provision and Use of Work Equipment Regulations 1998 (SI 1998 No.
2306); 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 and shall provide the Purchaser with such evidence that the
Customer requires (acting reasonably) of such compliance.
31
Further Equipment
The Customer may consult with the Supplier in respect of Hardware beyond the hardware
listed in the Technical Specification. The Customer shall not however be obliged to purchase
any such equipment from the Supplier but should it decide to do so, this contract shall also
apply to that equipment, adjusted to take account of additional fees payable to the supplier,
further documentation and support and a new delivery date and liquidated damages provision.
32
Conflict of Interest
The Supplier shall declare any conflict of interest or potential conflict of interest that may arise
in connection with the provision of Equipment immediately to the Customer providing
details of the Supplier’s actions in respect of the conflict of interest or potential conflict of
interest. The Supplier shall consult at the earliest opportunity if there is any uncertainty about
whether any such conflict of interest may exist or arise.
33
Language
All documents, specifications, plans, drawings and other communications whether written or
oral and formal meetings in relation to this Agreement and the provision of the Equipment
be supplied and conducted in the English language. The Supplier’s Personnel shall be fluent
in the English language.
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34
34.1
Notices
Any written notice required to be given under this Agreement shall be given to each party at
the address below (or such other addresses as shall from time to time be notified in writing):
NLB:
The Director of Finance
Northern Lighthouse Board
84 George Street
Edinburgh EH2 3DA
Scotland
Fax: +0044 131 220 2093ax
CIL:
Harbour Road
Dun Laoghaire
County Dublin
Ireland
4(
Trinity House:
Tower Hill
London EC3N 4DH
Fax +0044 1255 245 009
The Client:
The Director of Finance
Northern Lighthouse Board
84 George Street
Edinburgh EH2 3DA
Scotland
Fax: +0044 131 220 2093ax: +44(0) 131 220 2093
Supplier
Fax: [ ]
34.2
Any such written notice shall:
35.2.1 where sent by post be deemed to have been served and received on the
second business day following the day of posting;
35.2.2 where sent by fax or email on the day that the fax or email is sent; and
35.2.3 where delivered personally be deemed to have been given when received.
35
Status of Supplier
The Supplier shall undertake to provide the Equipment and all services relating thereto as an
Independent Supplier and nothing shall create a partnership or agency relationship between
the Customer and the Supplier.
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36
Jurisdiction
This Agreement shall be governed and construed in accordance with the Laws of the
Scotland and the parties submit to the non exclusive jurisdiction of the Scottish Courts; In
Witness Whereof
37
Governing Law
These Terms and 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 Client 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.
In Witness Whereof
SUBSCRIBED for and on behalf of the CUSTOMER by
THE COMMISSIONERS OF NORTHERN LIGHTHOUSES
Roger Lockwood, Chief Executive
…………………………………
at __________________
on the ___
in the
presence of the following witness:
………………………………… (Witness)
………………………………… (Full Name)
………………………………… (Address)
…………………………………
SUBSCRIBED for and on behalf of the SUPPLIER
by,
a director
…………………………………
at __________________
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on the ___
in the
presence of the following witness:
………………………………… (Witness)
………………………………… (Full Name)
………………………………… (Address)
…………………………………
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THIS IS THE SCHEDULE REFERRED TO IN THE FOREGOING AGREEMENT AMONGST THE
COMMISSIONERS OF NORTHERN LIGHTHOUSES, THE COMMISSIONERS OF IRISH LIGHTS,
THE CORPORATION OF TRINITY HOUSE OF DEPTFORD STROND AND [ ] DATED [ ] IN
RESPECT OF THE SUPPLY BY [ ] OF SATELLITE BROADBAND
SCHEDULE
Part 1
Technical Specification
Hardware/Software
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SCHEDULE
Part 2
Maintenance /Support Services
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SCHEDULE
Part 3
Air Tariff/Call Costs/Data Fee
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SCHEDULE
Part 4
Training/Manuals
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SCHEDULE
Part 5
Additional Project Rates
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APPENDIX VIII
TENDER RETURN LABEL
ITT No:
GLA/VSAT/0876
To arrive no later than:
TO:
Tuesday 16th July 2013 at 12:00 hours
(noon) (GMT)
Director of Finance
Northern Lighthouse Board
84 George Street
Edinburgh
EH2 3DA
United Kingdom
Notes:
1. The envelope to which this is attached must
Not bear any indication of the Suppliers’s name.
2. It is the Suppliers’s responsibility to ensure that
the Tender is delivered by the due deadline: should
a Tender arrive late, a date stamp produced by a
franking machine is not acceptable as proof of the
date of posting, when considering admissibility.
TENDER
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